Dependent & Derivative Visas
Dependent & Derivative Visa Legal Support
When a principal visa holder pursues their American dream, their family should never be left behind. Dependent and derivative visas ensure that spouses and children maintain lawful status, access education, and in many cases, pursue their own professional goals. From H-4 and L-2 to F-2, J-2, and TD visas, we provide comprehensive legal support for every member of your household—including securing H-4 EAD work authorization and protecting derivative beneficiary rights across employment and family petitions.
“With Immigration Fleet, you’ll never navigate alone.”
H-4 Dependent Visas
H-4 visas are issued to the spouses and unmarried children under 21 of H-1B visa holders. We assist with initial H-4 visa applications, extensions that align with the principal H-1B status, and reinstatements where needed. We also advise H-4 holders on maintaining valid status through employer changes, H-1B amendments, and cap-gap periods to prevent any lapses in lawful presence.
L-2 & E-2D Dependent Visas
L-2 visas are available to spouses and children of L-1 intracompany transferees, while E-2D visas cover dependents of E-2 treaty investor visa holders. We handle the concurrent filing of L-2 and E-2D petitions alongside the principal application, manage extension timelines, and advise on the automatic work authorization that applies to L-2 spouses following the Anfang settlement, as well as E-2D work eligibility rules.
O-3, F-2, J-2 & TD Dependent Visas
O-3 visas serve the dependents of O-1 extraordinary ability and O-2 essential support visa holders. F-2 visas cover the spouses and children of F-1 international students, while J-2 visas are issued to dependents of J-1 exchange visitors. TD visas apply to dependents of TN professional visa holders from Canada and Mexico. We ensure these applications are properly coordinated with the principal petition and that dependents understand their specific rights and limitations.
H-4 EAD (Employment Authorization)
Eligible H-4 visa holders—specifically those whose H-1B spouse has an approved I-140 or has been granted H-1B status beyond the six-year cap—may apply for Employment Authorization. We manage the H-4 EAD application (Form I-765), concurrent filings to minimize processing gaps, and renewal strategies so that work authorization remains uninterrupted as the principal’s Green Card case progresses.
Derivative Beneficiaries for Employment Petitions
When a principal applicant is the beneficiary of an employer-sponsored employment petition—such as an H-1B, L-1, O-1, or PERM-based Green Card—their eligible family members are included as derivative beneficiaries. We ensure derivatives are properly identified, included in all filings, and advised on their rights to work, study, and travel so that the entire family advances through the immigration process together.
Derivative Beneficiaries for Family Petitions
In family-based immigration cases—including immediate relative petitions (I-130) and preference category filings—derivative beneficiaries such as the principal beneficiary’s spouse and children may be included in the same petition. We counsel families on how derivative status works, what happens when a child ages out, and how to protect derivative beneficiaries’ place in the visa queue as priority dates advance.
Protecting Your Dependents’ Status
Coordinated Family Filing
We file dependent visa petitions concurrently with the principal application, synchronize extension timelines, and ensure that no family member’s status lapses due to a missed deadline or administrative delay.
Work Authorization Strategy
From H-4 EAD eligibility analysis to L-2 automatic work authorization, we develop a proactive strategy to maximize employment opportunities for dependents at every stage of the immigration journey.
Family-Wide Immigration Planning
We take a holistic view of your family’s immigration portfolio—tracking priority dates, aging-out risks for children, and derivative beneficiary rights—so every family member is protected as your case advances toward permanent residency.
FAQs
Dependent & Derivative Visas
H-4 visa holders are not automatically authorized to work. However, certain H-4 holders are eligible to apply for an Employment Authorization Document (EAD)—specifically those whose H-1B spouse has an approved Form I-140 immigrant petition or has been granted H-1B status beyond the six-year cap under AC21. We evaluate your eligibility and manage the H-4 EAD filing to get you authorized as quickly as possible.
Yes. Following the Anfang v. DHS court settlement, L-2 spouses are considered to have work authorization incident to their L-2 status. This means L-2 spouses can work for any employer without needing a separate EAD, as long as their L-2 visa and I-94 are valid. We advise L-2 holders on how to document this authorization for employers.
Your dependent visa status is tied to the principal holder’s status. If the principal changes employers (for H-1B), the dependent H-4 status generally remains valid for the duration of the authorized stay. However, if the principal falls out of status or their visa is revoked, the dependent’s status is also affected. We monitor both the principal and dependent cases simultaneously to catch and address any risks early.
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Business Compliance Services
Purpose
The company is organized for the provision of professional immigration legal services. All members and managers are attorneys licensed to practice law in the United States. The Managing Member is licensed to practice law in the State of New York. The firm’s practice is exclusively limited to matters of federal immigration law, as permitted by federal statutes and regulations for attorneys licensed in any U.S. jurisdiction.
Professional Services
This Professional Limited Liability Company is established solely for the practice of federal immigration law. While the firm is based in Texas, it does not offer legal services related to Texas state law. All services are limited to immigration matters governed by federal law.
Supplemental Provisions – Jurisdictional Limitation
The managers of this firm are not licensed to practice Texas state law. All public-facing communications—including letterhead, business cards, website content, and marketing materials—will clearly disclose that the Managing Member is licensed exclusively in the State of New York and that the firm’s services are restricted to federal immigration law.
Immigration Fleet