Most U.S. work visas allow a worker’s spouse and unmarried children under 21 to come along in a dependent category. Parents, siblings and adult children do not qualify as dependents. What dependents can do once they arrive, especially whether a spouse may work, differs sharply from one visa to another.
This guide walks through the main categories and the questions families ask most.
Who counts as a dependent
For Nonimmigrant visaA visa for a temporary stay for a specific purpose, such as study, tourism, or employment, for example F-1, B-2 or H-1B.See it in the glossary, a dependent is generally the principal’s spouse or unmarried child under 21. Each dependent needs their own visa or status approval, their own I-94The Arrival/Departure Record that U.S. Customs and Border Protection creates when a nonimmigrant is admitted. It shows the class of admission and an Admit Until date, and most are now electronic and available on the CBP I-94 website. USCIS can also issue one when it approves an extension of stay or a change of status.See it in the glossary record and, when abroad, their own visa interview or waiver. Dependents’ status is tied to the principal: if the worker loses status, the family generally does too.
Parents cannot join as dependents. They usually visit on visitor visas, which require showing a temporary trip. See tourist visit versus moving.
Category by category
H-1B workers: H-4 dependents
Spouses and children receive H-4 status. H-4 children may attend school. H-4 spouses cannot work unless they obtain an H-4 EAD (Employment Authorization Document)A card issued by USCIS on Form I-765 that allows certain noncitizens to work legally while another application is pending or a status permits it.See it in the glossary, which is available only in certain situations, mainly when the Cap-subject and cap-exempt (H-1B)The H-1B category has an annual limit of 65,000 new visas or statuses per fiscal year, plus 20,000 more for people with a U.S. master's degree or higher. Petitions counted toward that limit are cap-subject. Petitions from higher education institutions, their related or affiliated nonprofits, and nonprofit or governmental research organizations are cap-exempt.See it in the glossary worker has an approved immigrant petition (Form I-140Immigrant Petition for Alien Worker, filed by an employer (or in some categories the worker) to classify a person under an employment-based category.See it in the glossary) or has extended H-1B status beyond six years based on a pending green card process. DHS ended the automatic extension of many EADs for renewals filed on or after October 30, 2025. A court set that rule aside only for seven H-4 spouses who sued, as we reported, so most H-4 spouses must renew early to avoid a gap.
L-1 workers: L-2 dependents
L-2 spouses are employment authorized incident to their status, meaning they can work without a separate EAD. Since early 2022, CBP and USCIS have annotated qualifying spouses’ I-94 records to show this. L-2 children can study but not work.
E-1, E-2 and E-3: E dependents
Spouses of E treaty traders, investors and Australian specialty workers are also employment authorized incident to status, with a similar I-94 annotation. Children can study. Our Visa Library covers the E-2 visa and the E-3 visa.
O-1 workers: O-3 dependents
O-3 spouses and children may study but cannot work.
TN professionals: TD dependents
TD spouses and children may study but cannot work. Dependents need not be Canadian or Mexican citizens themselves, but non-citizen dependents may need a visa. See the TN visa guide.
Other categories
R-1 religious workers have R-2 dependents, P workers have P-4 dependents, and J-1 exchange visitors have J-2 dependents, who may apply for an EAD. H-2A and H-2B seasonal workers can bring H-4 dependents, but those dependents cannot work. Each category’s rules are in the nonimmigrant regulations at 8 CFR 214.2.
Children turning 21
A dependent child who turns 21 no longer qualifies as a dependent and needs a status of their own, often F-1 student status, before the 21st birthday passes. In a green card case, the Child Status Protection Act (CSPA)A federal law that changes how age is calculated for certain children in the green card process, so a child who turns 21 while a case is pending may still be treated as a child. The result is called the CSPA age. For adjustment of status applications filed on or after August 15, 2025, USCIS treats a visa as available based on the Final Action Dates chart in the Visa Bulletin.See it in the glossary may preserve eligibility as a derivative, but it does not extend H-4, L-2 or other dependent status. Planning a year or more ahead avoids a sudden loss of status. Our Visa Library explains CSPA age-out rules.
Screening and processing
Dependents go through the same security checks as the principal. The State Department’s online presence review, which asks applicants to set social media profiles to public, covers H-1B applicants and their H-4 dependents as well as students, exchange visitors and several other categories, according to its March 2026 announcement. We explain the screening in our social media article.
When the job ends
If the worker’s job ends, dependents generally share the worker’s position, including any grace period. The current 60-day grace periodA discretionary period of up to 60 consecutive days after employment ends during which certain workers in E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1 and TN status, and their dependents, can be treated as maintaining status. It is set out in 8 CFR 214.1(l)(2).See it in the glossary covers dependents, and DHS’s September 2026 proposal to remove it would affect them too. See our grace period guide.
Green card cases include families
When a worker becomes a permanent resident through employment, the spouse and unmarried children under 21 can usually become permanent residents as derivatives in the same case. See employment-based green cards.
Checklist for families
- Confirm the dependent category and whether the spouse may work.
- Apply for each dependent’s visa or status alongside the principal where possible.
- Track each child’s 21st birthday and plan a separate status in advance.
- Keep each family member’s I-94 and documents current, not only the principal’s.
- For spouses who need an EAD, file renewals up to 180 days early.
How dependents apply
Dependents abroad apply for their own visas at a U.S. embassy or consulate, usually with the principal’s approval notice or visa and proof of the family relationship, such as marriage and birth certificates. Dependents already in the United States in another status can often request a change to dependent status with USCIS on Form I-539, or together with the principal’s petition in some categories. Each family member receives a separate I-94, and their authorized stay usually matches the principal’s.
Civil documents matter here. A missing or incorrect marriage or birth certificate is one of the most common reasons dependent applications are delayed. See the documents that delay cases most often.
Common questions
Can my spouse work remotely for a foreign employer on H-4?
Work performed while physically in the United States generally requires authorization, even for a foreign employer. H-4 spouses without an EAD should get advice before doing any remote work.
Can my parents come as dependents on my work visa?
No. Parents are not dependents in any temporary work category. They can visit, or a U.S. citizen child age 21 or older can petition for them.
Do dependents need to travel with the worker?
No. Dependents can travel separately, but they need their own valid visa and documents, and the principal usually needs to be maintaining status.
Can a same-sex spouse be a dependent?
Yes. Immigration law recognizes marriages that were legally valid where they took place, regardless of the spouses’ sex.