Spouse Work Rights For International Students In The Usa

The topic of whether or not an international student's spouse can work in the USA is a complex one, with many variables to consider. The visa type, dependent status, and field of study of the international student all play a role in determining the work eligibility of their spouse. In general, spouses of F-1 students are not permitted to work, whereas spouses of J-1 students may work with prior authorization. There are also options for spouses to study full-time and obtain their own student visas or to apply for independent visa status.

Spouses of international students can apply for a work permit

If the international student holds an F-1 visa, their spouse can apply for an F-2 dependent visa. However, F-2 visa holders are not permitted to work in the US. They may only study part-time and cannot enrol as full-time students. If the spouse wishes to work full-time, they can apply for a change to F-1 student status, which will allow them to work in their field of study.

Alternatively, if the international student holds a J-1 visa, their spouse can apply for a J-2 dependent visa. J-2 visa holders are eligible to work in the US but must first obtain work authorization from USCIS.

It is important to note that the process of adding a dependent spouse to a student visa can vary depending on the institution and the specific circumstances of the spouse. For example, some universities may require spouses to complete a Dependent Request form and submit it with the necessary documents. Additionally, spouses may have the option to apply for an independent visa status, such as a student visa or a visitor visa, which may offer different work opportunities.

Overall, while spouses of international students can apply for a work permit in the US, the specific requirements and restrictions will depend on the visa status of both the student and the spouse, as well as the policies of the relevant institutions. It is always best to consult official sources and seek advice from the relevant authorities to ensure accurate and up-to-date information.

Spouses of F1 students cannot work

F2 visa holders cannot work in the US and can only study if it is "vocational or recreational in nature". Recreational classes include language, cooking, or writing courses, but they cannot lead to an academic objective or degree. F2 visa holders can, however, apply for independent visas, which would allow them to work. For example, they could apply for a J-2 dependent visa, which would allow them to work if they obtain work authorization. Alternatively, spouses can apply for their own F-1 student visa, which would allow them to work in certain circumstances.

F1 students are eligible to work in the US in some situations. After their first year, they may work full-time off-campus, as long as the work is in their general field of study and is authorized by their school's international student office. They can also undertake Curricular Practical Training (CPT), which is off-campus employment or an internship for credit. CPT may be part-time during the school term and full-time during breaks. CPT does not count against the OPT 12-month rule unless it is full-time. After completing their studies, F1 students can apply for Optional Practical Training (OPT), which allows them to work for 12 months in their field of study.

In summary, spouses of F1 students cannot work unless they have an independent visa, such as a J-2 visa with work authorization or their own F-1 student visa. F1 students themselves have limited work authorization, but they can work off-campus or undertake CPT after their first year with the proper authorization. After completing their studies, F1 students can apply for OPT to work for 12 months.

J-2 visa holders can work with prior work authorization

J-2 visa holders are eligible to apply for work authorization in the US. However, they must first obtain an Employment Authorization Document (EAD) from the US Department of Homeland Security. The process involves submitting an application to the US Citizenship and Immigration Services (USCIS).

To apply for an EAD card, J-2 visa holders must provide the following documents:

• A completed Form I-765, signed in black ink
• Two American passport photos
• A financial statement
• Proof of marriage to the J-1 visa holder (e.g., a marriage certificate)
• Photocopies of J-1 information (DS-2019, passport, J-1 visa stamp, and electronic I-94 Form)
• A photocopy of the most recent US visas in the J-1 and J-2 passports (not required for Canadian citizens)
• A check or money order for $520, payable to the "Department of Homeland Security"
• A written statement requesting J-2 work authorization

It is important to note that J-2 visa holders cannot apply for an extension of their employment authorization until the J-1 visa holder's status has been extended. Additionally, the processing time for EAD cards can take up to 90 to 120 days, and J-2 visitors must be inside the USA when applying to prevent their I-765 from being considered abandoned.

F-2 visa holders cannot work but can study part-time

F-2 visa holders are not permitted to work in the US. However, they are allowed to study part-time, provided that it is ""vocational or recreational in nature". Examples of recreational courses include language, cooking, or writing classes, which cannot lead to an academic objective or degree. F-2 visa holders who wish to engage in full-time study may apply for a change to F-1 student status.

F-2 visas are dependent visas for spouses and unmarried minor children (under 21 years old) of F-1 or J-1 students. F-2 visa holders can enter the US when the international student does or at a later date. They can apply for their F-2 visas at the same time as the international student or at a later date.

F-1 visas are for international students who must be enrolled in a Student Health Insurance Plan (SHIP). F-1 visa holders can work full-time off-campus after their first year, provided the work is in their general field of study and authorised by the designated school official. They can also obtain work authorisation through Curricular Practical Training (CPT), which can be part-time during school and full-time during breaks. CPT is off-campus employment or an internship for credit.

Spouses of F-1 students can also apply for an independent visa status. They can choose to study full-time and obtain their own student visas, allowing them to study independently of their partner's status. They can also visit the US on a B visitor visa for a short stay, but they must demonstrate non-immigrant intent.

Spouses can apply for an independent visa status

Spouses of international students can apply for an independent visa status. The visa category that family members should apply for depends on their relationship with the student. The student visa options for spouses include:

• Visit in B status: This option is suitable for partners who do not intend to stay in the U.S. long-term but wish to visit. The B visitor visa permits stays of limited duration, and B visitors must demonstrate non-immigrant intent.
• Study full-time and obtain a student visa: Many partners choose to study simultaneously, allowing both to obtain independent student visa statuses.
• Dependent visa status: Per U.S. government regulations, only married spouses can obtain a dependent visa status. The student can add a dependent spouse to their record, after which the spouse can obtain an F-2, J-2, or H-4 dependent visa status. These dependent statuses have specific restrictions: F-2 spouses cannot work or study unless it is vocational or recreational, such as language, cooking, or writing courses. J-2 spouses can study and work if they obtain work authorization. H-4 spouses of H-1B workers are permitted to study but not work.

It is important to note that spouses of F1 students are not permitted to work under any circumstances. However, J-2 dependent (spouse) visa holders are eligible to apply for a work permit from the USCIS after entering the US.

Frequently asked questions