If you just got approved for a work visa in the US, you must wonder what that means for your family. Can my spouse and children come live with me? Do work visas cover my whole family or individual? Also, can they work in the US and go to school?
Let’s take a look.
It All Depends on the Exact Type of Your Work Visa
Immediate family members, meaning your spouse or an unmarried partner and your children, can come and join you in the US if you have a work visa. Of course, they’ll need marriage and birth certificates to apply. But your family’s stay will completely depend on you since their visas and status are derivative of yours. So, if your status ends, theirs will too.
On the other hand, extended family members do not qualify for the derivative status and must apply for their own visa to visit you.
Generally speaking, most derivative visas do not allow employment, which means your spouse and children won’t be able to work in the US during your stay. When it comes to getting a social security number (SSN), there are some requirements that your family members must fulfill in order to become eligible. But they can still get a temporary visitor driver’s license even without an SSN.
However, there are different sets of rules for each of the work visas. So, the exact rights and restrictions your family will have in the US will solely depend on the work visa you have.
B-1
- Family Status: B-2
- Benefits: An authorized stay in the US for the family
- Restrictions: Family members can not work or attend school
J-1
- Family Status: J-2
- Benefits: A one-year work permit for family members, and they can also attend school
F-1
- Family Status: F-2
- Benefits: Children can attend school
- Restrictions: Family members can not work
H-1B
- Family Status: H-4
- Benefits: Children can attend school
- Restrictions: Family members usually can not work, but there are some exceptions.
O-1
- Family Status: O-3
- Benefits: Children can attend school
- Restrictions: Family members can not work
TN
- Family Status: TD
- Benefits: Children can attend school
- Restrictions: Family members can not work
E-3
- Family Status: E-3
- Benefits: A one-year work permit for family members, and they can also attend school
Conclusion
Moving to a different country is never an easy thing to do. But it can be a bit easier if you bring your family to support you. So, if you have additional questions regarding your family’s visa status, please don’t hesitate to contact ABC’s for Immigrants at +1 (801) 209-9386.
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