Family and dependents

Who can work, who can study, and what happens to everyone else when the main case moves.

Dependent visas

H-4

dependent of H-1B

Spouse/Child

Dependent of H-1B specialty occupation worker

can workcan study

EAD available if H-1B holder has approved I-140 or is in 7th+ year H-1B extension

Stay: Same as H-1B principal

L-2

dependent of L-1

Spouse/Child

Dependent of L-1 intracompany transferee

can workcan study

L-2 spouses are employment authorized incident to status (no EAD needed since 2022)

Stay: Same as L-1 principal

F-2

dependent of F-1

Spouse/Child

Dependent of F-1 student

cannot workcannot study

F-2 dependents cannot work in the U.S.

Stay: Duration of status (D/S)

J-2

dependent of J-1

Spouse/Child

Dependent of J-1 exchange visitor

can workcan study

J-2 dependents can apply for EAD; income cannot support J-1

Stay: Same as J-1 principal

TD

dependent of TN

Spouse/Child

Dependent of TN NAFTA professional

cannot workcan study

TD dependents cannot work in the U.S.

Stay: Same as TN principal (up to 3 years)

E-2D

dependent of E-2

Spouse/Child

Dependent of E-2 treaty investor

can workcan study

E-2 spouses can apply for EAD; children cannot work

Stay: Same as E-2 principal (2-year increments)

E-1D

dependent of E-1

Spouse/Child

Dependent of E-1 treaty trader

can workcan study

E-1 spouses can apply for EAD; children cannot work

Stay: Same as E-1 principal

O-3

dependent of O-1

Spouse/Child

Dependent of O-1 extraordinary ability worker

cannot workcan study

O-3 dependents cannot work in the U.S.

Stay: Same as O-1 principal

K-2

dependent of K-1

Child of fiancee

Child of K-1 fiancee visa holder

can workcan study

Can apply for EAD after filing I-485

Stay: Must file I-485 within 90 days of K-1 entry

IR-2/CR-2

dependent of IR-1/CR-1

Child

Child following to join immigrant spouse

can workcan study

Permanent resident upon entry; authorized to work

Stay: Permanent

What each dependent visa allows

	H-4	L-2	J-2	E-2D	F-2	TD	O-3
Work Authorization	yesOnly if primary has approved I-140 or 7th year extension	yesSpouses authorized incident to status since Jan 2022	yesMust apply for EAD; income cannot support J-1 holder	yesSpouses only; children cannot work	noNot eligible for work authorization	noNot eligible for work authorization	noNot eligible for work authorization
Study / Education	yesCan study full-time or part-time	yesCan study full-time or part-time	yesCan study full-time or part-time	yesCan study full-time or part-time	noCan study part-time only; not full-time	yesCan study full-time	yesCan study full-time or part-time
Travel / Re-entry	yesNeed valid H-4 visa stamp for re-entry	yesNeed valid L-2 visa stamp for re-entry	yesNeed valid J-2 visa stamp; subject to 2-year rule	yesNeed valid E visa stamp	yesNeed valid F-2 visa stamp and I-20	yesNeed valid TD visa stamp	yesNeed valid O-3 visa stamp
Social Security Number	yesCan obtain SSN if work-authorized; ITIN otherwise	yesCan obtain SSN as work-authorized	yesCan obtain SSN if EAD approved	yesSpouse can obtain SSN with EAD	noCan get ITIN for tax purposes only	noCan get ITIN for tax purposes only	noCan get ITIN for tax purposes only

When the main case moves

Dependent status is derivative: it follows the primary case, including downward.

Primary Case Approved

Dependent cases can proceed or be approved

Derivative beneficiaries can file or continue their own petitions
Dependent I-485 applications may be approvable
Dependent visa stamps can be issued at consulate
EAD/AP for dependents should continue as normal

Primary Case Denied

Dependent cases may also be denied or revoked

Derivative petitions are typically denied if primary is denied
Dependent status may become invalid
Dependents may need to depart or change status
Check if independent basis exists for any dependent
Consider filing a motion to reopen or appeal

Primary Case Withdrawn

Dependent cases may be automatically withdrawn

Derivative petitions are typically withdrawn along with primary
USCIS may issue denial notices for pending dependent cases
Check with attorney about independent filings

Primary Received RFE

Dependent cases may be held pending RFE response

Dependent adjudication may be paused until RFE resolved
Check if dependents also received separate RFEs
Respond to RFE within deadline to protect all cases

Primary Status Changed

Dependents may need to change status accordingly

If primary changes employer, dependent status may need update
H-1B transfer may require new H-4 petition
Status validity period may change for dependents
Update all dependent applications with new information

Turning 21

The one deadline on this page that cannot be undone once it passes.

What is Aging Out?

When a child dependent turns 21 and may lose eligibility for derivative immigration benefits.

Many immigration benefits define "child" as unmarried and under 21
When a child turns 21, they may no longer qualify as a dependent
This can result in loss of pending applications or visa eligibility
The consequences vary by visa category and filing type

Child Status Protection Act (CSPA)

Federal law that may protect children from aging out.

CSPA subtracts the time the petition was pending from the child's age
Formula: CSPA age = biological age - petition pending time
The child must "seek to acquire" status within 1 year of visa availability
CSPA applies to family-based and employment-based categories differently
Not all children are protected; consult an attorney for your situation

What Happens If a Child Ages Out?

Options available when a child loses derivative status.

May be able to convert to a different preference category (e.g., F-2B)
Original priority date is usually retained
Can file their own independent petition if eligible
May be able to maintain status through other means (e.g., F-1 student visa)
Early planning is critical; consult an immigration attorney

Filing for a family

Concurrent Filing

File primary and dependent petitions together to save time

I-140 + I-485 can be filed concurrently for the whole family
Each family member needs their own I-485, I-765 (EAD), and I-131 (AP)
Concurrent filing is available when visa numbers are current
Check the visa bulletin before deciding to file concurrently
All family members can get EAD/AP while waiting for green card

File All Dependents Together

Submit all family petitions at the same time when possible

Filing together ensures cases are grouped at the service center
Include a cover letter listing all receipt numbers in the family
Use a single package or clearly cross-reference all cases
This helps USCIS adjudicate family cases together

Keep Receipt Numbers Organized

Track all family receipt numbers in one place

Each family member may have multiple receipt numbers (I-485, I-765, I-131)
Primary applicant receipt number is needed for all dependent filings
Keep a spreadsheet or use this app to link all cases
Note which cases are derivative and which are independent

Monitor Aging Out

Track children approaching age 21 to prevent aging out

Child Status Protection Act (CSPA) may protect some children
CSPA age = biological age minus time petition was pending at USCIS
Child must "seek to acquire" status within 1 year of visa availability
Consult an attorney if your child is approaching 21
Consider independent petitions as backup

Maintain Valid Status

Ensure all family members maintain valid immigration status

Dependent status typically expires with primary status
File extensions before status expires (up to 6 months before)
Keep I-94 records for all family members
Dependent must maintain status independently if primary changes visa type
Consider filing I-539 for dependents when primary files I-129

Plan for Visa Interviews

Coordinate family interview schedules at the consulate

Request family appointments at the same time when possible
Prepare separate document packets for each family member
Children under 14 may not need to appear in person
Bring marriage and birth certificates to prove relationships
Have financial support documents for the entire family

What goes wrong

Child Aging Out

Child approaching 21 and may lose dependent status

What to do: Calculate CSPA age, consider independent petitions, file before the child turns 21 if possible, consult an attorney immediately.

Derivative Status Dependency

Dependent case tied to primary that was denied or withdrawn

What to do: Explore independent filing options, consider status change applications, file motion to reopen if appropriate.

Expired Dependent Status

Dependent visa expired but primary was extended

What to do: File I-539 extension promptly, maintain proof of timely filing, check if auto-extension applies.

Divorce During Process

Marriage ended while dependent case is pending

What to do: Spouse may lose derivative status, consider VAWA self-petition if applicable, children may retain eligibility independently.

Concurrent Filing Rejected

Family package returned due to visa retrogression

What to do: Check visa bulletin dates, refile when dates become current, ensure priority date is current before filing.

Mismatched Approval Dates

Primary approved but dependent cases still pending

What to do: This is normal; dependent cases may take additional time. Contact USCIS if significant delay beyond expected processing time.

Travel While Pending

Dependent needs to travel while adjustment application is pending

What to do: Must have valid Advance Parole (I-131/I-512) before traveling, or risk abandonment of I-485. H/L status holders may be exempt.

Forms a family files

I-485

Adjustment of Status (Green Card)

I-539

Extension/Change of Nonimmigrant Status

I-765

Employment Authorization Document (EAD)

I-131

Travel Document (Advance Parole)

I-130

Petition for Alien Relative

I-129F

Petition for Alien Fiancee

DS-160

Online Nonimmigrant Visa Application

DS-260

Immigrant Visa Application

I-864

Affidavit of Support

I-20

Certificate of Eligibility (Student)

Derivative status turns on specifics — the primary's category, the filing dates, and in a child's case the CSPA calculation. Aging out in particular is worth an attorney rather than a web page.