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Dependent Visa / Change of Status

Overview

Dependent visas allow eligible family members to join or remain with a primary visa holder in the United States. At Boudia Immigration Law, we assist spouses and children of nonimmigrant workers and students in obtaining dependent visas, as well as navigating changes of status when already present in the U.S. on a different visa type.

H-4 Dependent Visa

The H-4 visa is available to the spouse and unmarried children under 21 of H visa holders. It allows dependents to live in the U.S. for the duration of the principal visa holder’s stay.

Key Points:

  • H-4 holders can study in the U.S.
  • In some cases, H-4 spouses of H-1B visa holders may be eligible to apply for work authorization (EAD), typically when the H-1B spouse is on the path to a Green Card.

F-2 Dependent Visa

The F-2 visa is for the spouse and unmarried children under 21 of F-1 student visa holders. It permits them to reside in the U.S. while the F-1 student pursues full-time academic studies.

Key Points:

  • F-2 dependents are not allowed to work.
  • F-2 children may attend elementary or secondary school.
  • F-2 spouses may study part-time but cannot enroll in full-time post-secondary academic programs without changing status.

L-2 Visa

  • For spouses and children of L-1 visa holders (employees transferred within a company to the U.S.).
  • L-2 spouses are authorized to work in the United States automatically without needing to file a separate EAD.

E-3D Visa

  • For dependents of E-3 visa holders (Australian nationals in specialty jobs).

TD Visa

  • For spouses and children of TN visa holders (Canadian or Mexican professionals under USMCA).

Change of Status

Eligibility:

If a dependent is already in the U.S. on a valid nonimmigrant visa, they can apply to change to a different visa type by filing Form I-539 with USCIS. They must keep their current visa status valid the entire time the application is being processed — any gap in status could cause the petition to be denied.

How Boudia Immigration Law Can Help

Our team provides comprehensive support to ensure a smooth and compliant transition to dependent status, including:

  • Evaluating eligibility and immigration goals for each family member
  • Preparing and filing Form I-539 and supporting documents
  • Responding to any Requests for Evidence (RFEs)
  • Advising on travel implications, timing, and employment or study options

Whether you’re planning to bring your family to the U.S. or need to change your current status, Boudia Immigration Law offers practical and precise guidance every step of the way.

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Legal Team

John J. Boudia

John J. Boudia

Managing Attorney +

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15875 Middlebelt Road
Suite 200
Livonia, MI, 48154
USA

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+1 (248) 354-8440