Can You Legally Secure Employment on a Dependent Visa?

Published: April 18, 2025

The US government enforces strict regulations against unauthorized employment. Obtaining the proper visa is crucial for foreign nationals seeking to work in the US. 

Applicants with a fixed employment period can typically apply for a temporary employment visa. Meanwhile, skilled foreign workers and their spouses and children can qualify for 140,000 employment-based green cards available every year. 

Families or relatives of foreign nationals can qualify for dependent visas to reside in the US. While dependents are authorized to live in the country, they must acquire proper authorization to secure employment legally. 

In this post, learn about the rights and limitations of working on different types of dependent visas and the possible pathways to be legally employed. 

Overview of Working on a Dependent Visa

Nonimmigrant status, like holding a dependent visa, may allow eligible spouses and children of primary visa holders to remain in the US. Dependents often need prior authorization from the United States Citizenship and Immigration Services (USCIS) to engage in employment. 

Still, work eligibility and restrictions for dependent visa holders can vary. While some can secure authorization from the USCIS, others cannot work at all. Understanding their distinctions below is imperative to avoid unauthorized work. 

H-4 Visa (Dependents of H-1B Workers)

Dependent family members of H-1B workers can qualify for H-4 visas. H-4 dependents can work in the US, but their eligibility to secure an employment authorization is subject to the following conditions: 

• The H-1B nonimmigrant is the primary beneficiary of an approved Immigrant Petition for Alien Worker.
• The H-1B worker must have received status under AC21 provisions. 

 

L-2 Visa (Dependents of L-1 Workers)

Spouses and unmarried children of L-1 visa holders can come to the US by applying for an L-2 visa. Certain L-2 nonimmigrant dependent spouses don’t need a separate work authorization before engaging in employment. Their eligibility to work is tied directly to their valid L-2 status. Although not required, they can still secure an EAD for identity and work authorization. 

F-2 Visa (Dependents of F-1 Students)

Eligible spouses and unmarried children under 21 of F-1 students can enter the US as dependent family members on an F-2 visa. An F-2 visa doesn’t authorize employment under any circumstances. Restrictions are on all forms of employment in the US, including freelance, part-time, full-time, or telecommuting work. 

How to Legally Secure Employment on a Dependent Visa

The right to legally work on a dependent visa is essential for most dependents’ financial security, career development, and living standards, particularly spouses. Foreign individuals holding a dependent visa and seeking to work in the US may consider the following steps to get started: 

Verify eligibility to work

Verifying your work eligibility is critical when accompanying someone to the US on a dependent visa. Unlike gaining residency, your rights to work as dependents are subject to significantly more limitations.  It’s crucial to note that the requirements and restrictions for dependent visas differ by category. Thus, ensure your visa category authorizes employment before pursuing a job. 

 

Secure an employment authorization

Suppose your visa category grants a work permit. Secure the necessary employment authorization document (EAD). It can serve as proof that you’re authorized to work in the US for a specific period. 

Explore self-sponsorship pathways

Under certain conditions, you may consider transitioning to self-sponsorship pathways to be legally employed in the US. If you’re eligible, the following options enable you to apply for a visa that will authorize you to work without relying on an employer or a family member: 

• EB-1A: Extraordinary Ability
• EB-2: National Interest Waiver (NIW)
• EB-5: Immigrant Investor Program

Understand Your Work Eligibility With ALG Lawyers

Careful adherence to US immigration laws is crucial when working on a dependent visa. Failure to do so can constitute unauthorized employment, resulting in visa revocation, deportation, and other legal consequences. Therefore, ensure you understand your work rights and limitations with a reliable Los Angeles immigration lawyer. 

Our team at ALG Lawyers can assist in completing the application process effectively, verifying visa-specific work eligibility, and accessing valuable opportunities while preserving your legal status in the US. Call our law firm today for a personalized consultation with our highly experienced immigration attorney.