Who this is for
- The legal spouse of a person in a qualifying temporary status, such as H-1B, L-1, O-1, E, TN, J-1 or F-1
- Unmarried children under 21 of that person
- Family members whose status depends on the main worker or student keeping their own status
- Note: parents, siblings and adult children generally do not qualify as dependents
Forms involved
| Form | Official name | What it does |
|---|---|---|
| DS-160 | Online Nonimmigrant Visa Application | The visa application each family member abroad completes before a consular interview. |
| I-539 | Application to Extend/Change Nonimmigrant Status | Used by dependents already in the U.S. to extend their stay or change into a dependent status, often filed along with the main worker's petition. |
| I-765 | Application for Employment Authorization | Used by certain dependents, such as some H-4 spouses and J-2 dependents, to request a work permit. |
| I-20 / DS-2019 | Certificate of Eligibility (school or program sponsor) | The school or program issues a dependent version of this document for F-2 or J-2 family members. |
Step by step
- Confirm the main person's statusThe dependent status is tied to the main worker, exchange visitor or student, so their approval or visa usually comes first or at the same time.
- Gather relationship proofFamilies collect marriage certificates and birth certificates showing the relationship to the main person.
- Apply from abroad or inside the U.S.Family members abroad usually complete the DS-160 and attend a visa interview. Those in the U.S. usually file Form I-539, often together with the worker's extension.
- Check work permissionFamilies check whether the specific dependent status allows work automatically, requires a work permit, or does not allow work at all.
- Keep status in syncWhen the main person extends, changes employers or leaves, dependents usually need to extend, change or depart too.
- Plan for children turning 21Children generally lose dependent status at 21 and may need their own status, such as a student visa, before that birthday.
Documents usually requested
- Passports for each family member
- Marriage certificate for the spouse
- Birth certificates for children showing the parents' names
- Copy of the main person's approval notice, visa, I-20 or DS-2019
- Main person's current I-94 record and proof they are maintaining status
- Evidence of financial support, especially for F-2 and J-2 families
- Prior I-94 records and approval notices for dependents already in the U.S.
- Certified translations of any documents not in English
How long it takes
Timing depends on whether the family applies at a consulate or files Form I-539 with USCIS, consular appointment availability, and whether the dependent filing is linked to the main worker's petition. See the USCIS processing times page.
Government filing fees
Form I-539 and Form I-765 carry USCIS filing fees, and each family member applying abroad pays a State Department visa application fee. Fees are set by USCIS and change, so check the fee schedule (G-1055).
Working and traveling while you wait
Work rights depend on the status: L-2 and E spouses are generally authorized to work incident to status, certain H-4 spouses and J-2 dependents can apply for a work permit, and TD, F-2, O-3, P-4 and R-2 dependents generally cannot work. Dependents traveling abroad usually need a valid dependent visa to return.
Common mistakes to avoid
- Starting work in a dependent status that does not allow it, or before a required work permit is approved
- Letting a dependent's I-94 expire because only the main worker's extension was filed
- Missing a child's 21st birthday and the need to switch to another status
- Assuming a divorce, or the main worker losing their job, does not affect the dependent's status
- Using a J-2 work permit income to support the J-1 holder, which is generally not allowed
How MyUSVisa helps
- Answer a guided questionnaire in your language and upload your documents once — we read, sort and assemble them into a clear case file and timeline.
- Your organized case is offered to licensed U.S. immigration attorneys who handle this type of case. Interested attorneys send you offers, and you compare and choose — or don't.
- Once you choose, you and your attorney work in one place: messages, documents, deadlines and automatic USCIS status updates, on the web and in the mobile app.
Frequently asked questions
Can my H-4 spouse work?
Only certain H-4 spouses can work. In general, the H-4 spouse of an H-1B worker who has an approved immigrant petition (I-140), or who has extended H-1B status beyond the usual limit based on a pending green card process, can apply for a work permit on Form I-765. Other H-4 spouses generally cannot work.
Can L-2 and E spouses work?
In general, yes. L-2 spouses and spouses in E status (including E-3) are authorized to work because of their status, and the I-94 record is usually annotated to show it. Children in L-2 or E status are not authorized to work on that basis.
Can a J-2 spouse work?
Yes, J-2 spouses and children can usually apply for a work permit on Form I-765. The income generally cannot be used to support the J-1 exchange visitor.
Can F-2 or TD dependents work or study?
F-2 and TD dependents generally cannot work. TD dependents can usually study, while F-2 spouses are limited to recreational or avocational study and F-2 children can usually attend school through grade 12.
What happens when my child turns 21?
In most cases, a child loses dependent status on their 21st birthday and needs another status, such as F-1, to stay. Planning ahead matters, and an attorney can explain options.
Do dependents need a separate application?
Usually, yes. Each family member generally needs their own visa application abroad or their own I-539 filing in the U.S., even though their eligibility comes from the main worker or student.
Official sources
Last reviewed: October 2026
This guide is general information, not legal advice, and reading it does not create an attorney–client relationship. Immigration rules, forms and fees change often — always check the official sources above. MyUSVisa is not a law firm and is not affiliated with USCIS or any government agency; legal advice comes only from the licensed attorney you choose.