Securing an employment-based visa and moving to the U.S. is a significant milestone, but for many, reuniting with family is what truly completes the experience. Having loved ones nearby brings a sense of stability and support, making the transition smoother and life more fulfilling.

For those who wish to bring their family members to the U.S., understanding the available pathways, eligibility criteria, and necessary steps can make the process feel more manageable. With the right information, reuniting with your spouse and children becomes achievable, allowing you to focus on building a new life together in the United States.

Eligibility for Family Members

Immediate Family Members Who Qualify

For many people, moving to the U.S. is about more than career advancement—it’s about creating a home and opportunities for their loved ones. U.S. immigration laws allow certain immediate family members of employment-based visa holders to join them, ensuring that families can stay together.

Generally, this eligibility applies to a spouse and unmarried children under the age of 21. These family members can apply for dependent visas, which allow them to live in the U.S. for as long as the primary visa holder maintains their status.

Bringing family members to the U.S. provides stability, allowing you to focus on work and other priorities while knowing your loved ones are close by. This opportunity isn’t just about convenience; it’s about fostering a supportive environment to make the transition to a new country more complete.

Understanding Dependent Visa Categories

The type of visa your family members can apply for depends on the specific employment-based visa you hold. Here’s an overview of the most common dependent visa categories and what they mean for your family:

• H-4 Visa: If you hold an H-1B visa (often granted to professionals in specialized fields), your spouse and children may qualify for an H-4 visa. This visa allows family members to live with you in the U.S. While H-4 children can attend school and benefit from life in the U.S., your spouse may also have the option to apply for work authorization, depending on your visa status. This can open up job opportunities for your spouse, allowing them to pursue their career goals while you both build a life together.
• L-2 Visa: For holders of an L-1 visa (issued to individuals transferred within the same company to work in the U.S.), the L-2 visais available to spouses and children. An advantage of the L-2 visa is that spouses of L-1 visa holders can generally apply for work authorization without restrictions, giving them the freedom to work in the U.S. and contribute financially or pursue personal career ambitions.
• TD Visa: For Mexican or Canadian TN visa holders, the TD visa allows their spouse and minor, unmarried children under 21 to live in the United States. TD visaholders cannot get work authorization. However, a TD visa holder can still secure their own TD visa if they qualify.

Knowing which dependent visa category applies to your family members is a key step in making the move smoother. Each visa type comes with unique benefits and eligibility criteria, helping you understand how best to support your family as you settle in the U.S.

Step-by-Step Guide to Applying for Family’s Derivative Visas

Step 1: Confirming Eligibility and Preparing Documents

Before starting the DS-160 visa application, confirm that each family member meets the eligibility criteria for the specific dependent visa category. This step involves gathering all necessary documents to prove family relationships and confirm their eligibility. You can use the Department of State’s Reciprocity charts to ensure the documents are compliant. Key documents usually include:

• Marriage certificate(for spouses)
• Birth certificates(for children under 21)
• Photocopies of the primary visa holder’s passport and visa
• Proof of employment or employment verification letterfrom the primary visa holder’s employer

Properly organizing these documents can help avoid delays and ensure a smoother application process.

Step 2: Completing the Required Forms

The next step involves filling out the necessary visa application forms. For most dependent visa types, family members will need to complete Form DS-160, the online nonimmigrant visa application. Each family member, even if they are children, must submit a separate DS-160 form.

Accuracy in this step is essential, as errors or inconsistencies can lead to delays or potential rejections. Review each form carefully, ensuring that names, dates, and all other details match the information on official documents.

Step 3: Scheduling a Visa Interview

After completing the DS-160 form, the next step is to schedule a visa interview at the nearest U.S. Embassy or Consulate. This step is essential for most applicants, as it allows U.S. immigration officials to verify the purpose of the visa and the applicant’s eligibility.

When scheduling, you’ll need the following:

• DS-160 confirmation number for each family member
• Valid passport(s)
• Payment of the visa application fee, along with a receipt as proof

It’s helpful to book the interview as early as possible, as appointment slots can fill up quickly. Be sure to check the specific requirements of the U.S. Embassy or Consulate where the interview will take place, as they may vary by location.

Step 4: Attending the Visa Interview

The visa interview is a significant part of the application process. Family members should bring all required documents, including those proving their relationship to the primary visa holder, and be prepared to answer questions about their plans in the U.S.

Here are some tips for the interview:

• Arrive on time.
• Answer questions clearly and honestlyto ensure a smooth interview process.
• Bring originals and copies of all documentsin case additional verification is needed.

The interviewing officer may ask questions about the primary visa holder’s job, family ties, or plans for returning home, so it’s best to prepare family members for these topics.

Step 5: After Approval – Arrange Entry into the U.S.

Once the visa is approved, the final step involves preparing for entry into the U.S. Each family member’s passport will be returned with their visa stamp, which allows them to enter the country. Before traveling, ensure that all paperwork is in order, including:

• Check that the information on the visa is correct
• Secure copies of the primary visa holder’s employment verification
• A plan for arrival in the U.S., including a secure address for initial accommodation

Upon arrival at a U.S. port of entry, family members will go through customs and immigration checks. They should have their documents readily available and be prepared to answer basic questions from CPB officers. The CBP officer will “admit” the family members to the U.S. under their respective visa statuses.

Rights and Benefits for Dependent Family Members in the U.S.

What Happens if I Marry AFTER I file my employment-based green card (Form I-485) based on an approved Form I-140?

Generally, if the Principal’s Form I-485 has not yet been approved and the priority date is current, a dependent spouse can file an I-485 with all supporting documents. The ideal situation is to marry before you file your Form I-485 so everyone can file together and avoid headaches later on.

However, if you marry AFTER you file your Form I-485, your spouse can still file their Form I-485 to join yours, so long as the priority date is current and your spouse is in lawful non-immigrant status.  If your Form I-485 is approved BEFORE your spouse files their Form I-485, then you must petition your spouse through Form I-130, Petition for Alien Relative.

Dependent Spouse’s Rights and Employment Authorization

One of the biggest concerns for families relocating to the U.S. on employment-based visas is understanding the rights of the dependent spouse, particularly regarding work authorization. While spouses of H-1B visa holders (on H-4 visas) cannot work, they may be eligible to apply for employment authorization in certain cases.

This option is generally available to spouses of H-1B visa holders who have an approved Form I-140, Petition for Alien Worker. If eligible, the H-4 spouse can apply for an Employment Authorization Document (EAD), which allows them to seek employment in the U.S.

On the other hand, spouses of L-1 visa holders (on L-2 visas) typically have more flexibility when it comes to employment. Since November 12, 2021, USCIS clarified that L-2 visa holders have work authorization incident to their status, giving them the freedom to work in any field or pursue their career ambitions while residing in the U.S. This ability to work can significantly ease the financial burden on families and provide greater independence for the dependent spouse.

Schooling and Healthcare for Children

Providing access to education and healthcare is a top priority for families with children. Dependent children on H-4 and L-2 visas are eligible to attend public schools in the U.S., which provides access to quality education without additional tuition costs. Public education in the U.S. is accessible from kindergarten through high school, and children are typically placed in grades according to their age.

Dependent children have the option to attend private schools, though this comes with associated tuition fees. The choice between public and private schooling allows parents to make decisions based on their preferences and their children’s educational needs.

Healthcare is another essential consideration. Dependent family members can typically access healthcare services through the primary visa holder’s employer-sponsored health insurance plan.

However, healthcare coverage can vary significantly depending on the employer and the chosen plan. Families may need to explore additional coverage options or supplemental insurance to ensure comprehensive healthcare access for all family members. For those with young children or specific medical needs, plans that cover pediatric care or specialized services may also be worth considering.

Key Points to Remember

Visa Validity and Renewal Processes for Family Members

Maintaining visa validity is essential for both the primary visa holder and their family members. Dependent visas, such as H-4, L-2, and TD, are tied to the status of the primary visa holder. If the primary visa holder’s employment-based status is extended, the family members’ status will also need to be extended.

Staying on top of renewal deadlines is important to keep dependent visas current. Most visas require renewals several months in advance, especially H-4 visas, which may have longer processing times. Ensuring that all documents are organized and submitted promptly can help avoid lapses in visa status, which could affect your family’s ability to stay in the U.S.

In addition to visa renewals, consider the timing of any petition for an immigrant visa (Form I-140) if your family intends to settle in the U.S. on a long-term basis.  If eligible, starting the immigration process early can provide more stability for family members and reduce the need for frequent renewals.

Adapting to Life in the U.S.

Adjusting to a new country can be challenging, especially for family members who may not have the same workplace connections or support as the primary visa holder. Helping family members adapt can ease this transition and make life in the U.S. more enjoyable.

• Understanding Cultural Differences: Exposure to a new culture can be exciting and overwhelming. Encourage family members to learn about American customs, holidays, and social norms to help them feel more connected to their new environment. Community centers, cultural groups, and online resources can offer guidance and support during this adjustment.
• Language Resources: For family members who may not be fluent in English, access to language resources can be beneficial. Many local libraries, community centers, and educational institutions offer free or low-cost English classes, which can make daily interactions easier and foster a sense of confidence. Practicing English at home and with local friends can also speed up learning.
• Local Support Networks: Finding local communities and support networks can help family members feel less isolated. Many areas have groups or organizations dedicated to specific cultures or nationalities, offering social events, resources, and a sense of community. These networks can provide valuable connections, practical advice, and a familiar cultural environment, making the adjustment to life in the U.S. smoother.

Taking these steps to help family members settle in can make a meaningful difference, allowing everyone to feel more at home and supported as you build your life in the U.S. together.

Visa Challenges and How to Plan for 214(b) Refusals and 221(g) Delays

One notable hurdle for employment-based visa applicants is the obstacle of processing delays, which can often be attributed to visa refusals under Section 214(b) or administrative processing requirements under Section 221(g).

Stay Informed on Processing Times: U.S. immigration services regularly update average processing times, which can vary significantly by visa category and processing center. By staying informed about these timelines on the DOS website, applicants can better anticipate potential delays and plan their schedules and commitments accordingly.

Ensure Comprehensive Documentation: A key strategy to mitigate the risk of a 214(b) refusal, where the applicant has not sufficiently demonstrated nonimmigrant intent, or hold under Section 221(g) for incomplete documentation, is to submit a thorough and complete application from the outset. Make sure every document is accurate, authentic and fulfills the visa requirements to the letter. Incomplete or erroneous submissions are among the top reasons for visa application setbacks, so meticulous preparation and review of your application materials are critical.

Opt for Premium Processing When Possible: Employers aiming to reduce the unpredictability of their employee’s visa renewals abroad can renew their status in the U.S. by filing a Form I-129, Petition for a Nonimmigrant Worker to the United States Citizenship and Immigration Services (USCIS). Employers can opt for the premium process to expedite the extension of the status of their employees. Though this service requires an extra charge, the advantage of obtaining a quicker resolution on the petition might justify the expense, especially for employees applying for employment-based visas who are dealing with the challenges associated with 214(b) inadmissibility or delays due to 221(g) administrative processing.

Changing Employment or Visa Status

A change in employment for the primary visa holder a new Form I-129 Petition for Nonimmigrant Worker by the new employer. It can affect family members’ dependent visas if not done correctly. Similarly, transitioning from a temporary visa to a green card or a different employment-based visa might require adjustments for dependent visas.

• Be mindful of delays and children’s ages: Certain children can “age out” of their eligibility to be included under their parents’ non-immigrant work visa when they reach the age of 21. At this point, they no longer qualify as dependents under their parent’s visa status and may need to apply for their own visa to stay in the U.S. legally.
• Consult with an Immigration Attorney: Since employment changes can be complex, consulting with an immigration attorneycan help ensure that dependent visas remain valid. Legal guidance can be especially helpful in understanding how different visa categories and statuses may impact family members.

Addressing Legal or Status Issues

An employment-based visa can expire while the worker is in the United States. However, the document that controls their lawful status is the I-94. The I-94 is an arrival/departure record issued by U.S. Customs and Border Protection (CBP) to foreign visitors, documenting their arrival date, visa status, and authorized period of stay in the United States.

• File for Status Extensions Early:Employers should file a Form I-129, Petition for Nonimmigrant Workers, well in advance to request extensions and to avoid gaps in status. Dependents can request extensions for Form I-539, an application used by nonimmigrants to request an extension of stay or change of status to another nonimmigrant category within the United States.
• Seek Professional Assistance: If any legal issues or complexities arise, contacting a qualified immigration attorney can be an intelligent choice. Legal professionals can help resolve status issues and offer guidance on maintaining compliance with U.S. immigration laws.

Being aware of and addressing these potential challenges can help ensure a smoother experience for you and your family as you settle into life in the U.S. on an employment-based visa.

Let Us Help You Make the U.S. Feel Like Home

Bringing your family to the U.S. on an employment-based visa can be straightforward, with the correct information and preparation. Understanding eligibility, gathering the required documents, and following each step carefully can help you reunite with your loved ones and build a life together in the U.S. While challenges like processing delays or changes in visa status may arise, being proactive and planning can make a significant difference.

At IBP Immigration Law, we are dedicated to helping employers, individuals, and families achieve their immigration goals. Led by Attorney Ingrid Borges Perez, who is fluent in English, Portuguese, and Spanish, our team provides professional, client-focused support across a range of immigration services, including -employment-based immigration, investor’s visas, work visas, U.S. Citizenship, and family-based immigration.

Contact us today to discuss your immigration needs, and let us help you make your American dream a reality.