Dependent Visa Lawyer

H-4, L-2 & TD Visa Attorney

When you move to the United States on a work visa, one of the first questions is whether your family can come with you — and what they will be able to do once they arrive. The answer depends entirely on which visa category you hold. Some dependent visas allow spouses to work, others do not. Some provide a clear path forward, others leave families in frustrating limbo.

Joya Law Firm helps the spouses and children of H-1B, L-1, and TN visa holders obtain and maintain dependent status, navigate work authorization rules, and plan for the future. We understand that immigration decisions affect the entire family — not just the primary visa holder.

H-4 Dependent Visa: Spouses and Children of H-1B Holders

The H-4 visa is the dependent visa for spouses and unmarried children under 21 of H-1B visa holders. It is the most common dependent visa category and — due to ongoing policy changes around work authorization — one of the most complicated.

H-4 Visa Basics

Eligibility: You qualify for H-4 status if you are the spouse or unmarried child (under 21) of an H-1B visa holder.
Duration: H-4 status is tied to the principal H-1B holder’s status. When the H-1B is extended, the H-4 must also be extended. When the H-1B ends, the H-4 ends.
What you can do on H-4 status:
Live in the United States
Attend school (at any level, including college and graduate programs)
Obtain a driver’s license
Open a bank account
What you cannot do without an EAD:
Work for any employer (paid or unpaid)
Be self-employed or operate a business

This inability to work is the single biggest frustration for H-4 visa holders — many of whom are highly educated professionals who gave up their own careers to accompany their spouse to the United States.

H-4 EAD: Work Authorization for H-4 Spouses

In 2015, the Department of Homeland Security issued a rule allowing certain H-4 spouses to apply for an Employment Authorization Document (EAD), giving them the right to work for any U.S. employer. However, not every H-4 spouse qualifies.

You are eligible for an H-4 EAD if your H-1B spouse:

Has an approved Form I-140 (immigrant worker petition) — meaning the green card sponsorship process has advanced beyond the initial labor certification stage, OR
Has been granted H-1B status beyond the standard 6-year maximum under sections 104(c) or 106(a) of the American Competitiveness in the Twenty-First Century Act (AC21)

If your spouse’s I-140 has not yet been approved, you are not currently eligible for the H-4 EAD, regardless of how long you have been in H-4 status.

For complete details on the H-4 EAD application process, processing times, and renewal procedures, visit our Employment Authorization Document (EAD) page.

H-4 EAD Policy Uncertainty

The H-4 EAD program has faced repeated legal and political challenges since its creation:

2017–2020: The prior administration proposed rescinding the H-4 EAD rule entirely. The proposal generated over 80,000 public comments and was never finalized, but it created years of uncertainty.
2021–2024: The rule was preserved, and USCIS took steps to reduce H-4 EAD processing delays, including automatic extensions for timely-filed renewals.
2025–2026: The regulatory environment continues to shift. New rulemaking proposals and court challenges can change eligibility criteria or processing procedures with limited notice.

What this means for you: If you hold or are eligible for an H-4 EAD, it is critical to stay current on policy changes and file renewals well before your EAD expires. Gaps in work authorization can mean gaps in employment, income, and career continuity. Our firm monitors these developments closely and advises H-4 clients on the best strategies to protect their work authorization.

L-2 Dependent Visa: Spouses and Children of L-1 Holders

The L-2 visa is the dependent visa for spouses and unmarried children under 21 of L-1 visa holders (both L-1A managers/executives and L-1B specialized knowledge workers). Thanks to a significant rule change in 2022, L-2 spouses now enjoy one of the most favorable dependent visa situations in U.S. immigration.

L-2 Visa Basics

Eligibility: Spouses and unmarried children under 21 of L-1A or L-1B visa holders.
Duration: L-2 status is tied to the principal L-1 holder’s status and valid for the same period.
What you can do on L-2 status:
Live in the United States
Attend school at any level
Obtain a driver’s license and Social Security number

L-2 Automatic Work Authorization — No EAD Required

This is the most important development for L-2 spouses in years. On November 21, 2021, USCIS issued a final rule confirming that L-2 spouses have automatic employment authorization incident to their status. This rule took full effect in early 2022, and it means:

L-2 spouses do NOT need to apply for a separate EAD to work. Your work authorization is inherent in your L-2 status itself.
You can work for any employer as soon as you have valid L-2 status.
You need an Employment Authorization Document only if your employer’s system requires one — in practice, L-2 spouses can present their I-94 arrival record and a valid passport or other identity documents to complete Form I-9 employment verification.
No more waiting months for EAD processing. Before this rule change, L-2 spouses had to file Form I-765, pay a fee, and wait months for an EAD card — all while unable to work. That requirement is gone for L-2 spouses.

Important note: This automatic work authorization applies to L-2 spouses only, not to L-2 children. L-2 children (under 21) cannot work.

This change makes the L-2 visa one of the most attractive dependent visa categories available. If you are an L-1 visa holder whose spouse wants to work in the United States, this is a major benefit to factor into your family’s immigration planning.

L-2 and the Path to a Green Card

Because L-1 visa holders (especially L-1A managers and executives) often have a streamlined path to a green card through the EB-1C multinational executive/manager category, L-2 spouses benefit as well. When the L-1 holder files for adjustment of status, the L-2 spouse can file concurrently and receive a permanent green card along with the principal applicant.

TD Dependent Visa: Spouses and Children of TN Holders

The TD visa is the dependent visa for spouses and unmarried children under 21 of TN visa holders (Canadian and Mexican professionals working under the United States-Mexico-Canada Agreement). The TD is the most restrictive of the three dependent visa categories covered on this page.

TD Visa Basics

Eligibility: Spouses and unmarried children under 21 of TN-1 (Canadian) or TN-2 (Mexican) visa holders. TD holders do not need to be Canadian or Mexican citizens themselves.
Duration: TD status matches the TN holder’s authorized period of stay (typically 3 years, renewable).
What you can do on TD status:
Live in the United States
Attend school (elementary, secondary, and post-secondary)
Obtain a driver’s license

TD Visa Limitations: No Work Authorization

Unlike L-2 spouses and qualifying H-4 spouses, TD visa holders cannot work in the United States — period. There is no EAD option, no exception, and no workaround under TD status itself.

This is a significant drawback for families where both spouses are professionals. If the TD spouse wants to work, they must obtain their own independent work visa. Common options include:

Applying for their own TN visa — if the TD spouse is also a Canadian or Mexican citizen and qualifies in a USMCA profession
Obtaining an H-1B visa — if sponsored by a U.S. employer (subject to the annual lottery)
Qualifying for another visa category — such as an O-1, E-2, or L-1 based on their own credentials

If work authorization is important for your spouse, it is worth evaluating whether a different primary visa category — such as the H-1B (which allows the H-4 spouse to potentially obtain an EAD) or the L-1 (where the L-2 spouse can work automatically) — might be a better fit for your family’s overall situation, even if the TN is simpler for the primary worker.

Comparing H-4, L-2, and TD Dependent Visas

Employment authorization is one of the most significant differences between dependent visa categories. While some spouses may qualify to work in the United States, others are limited to living and studying under their dependent status. The comparison below highlights the key distinctions between H-4, L-2, and TD dependent visas.

Dependent Visa	Tied To	Can Spouse Work?	How?
H-4	H-1B	Yes, if H-1B holder has approved I-140	Must apply for H-4 EAD — details here
L-2	L-1	Yes — automatically	Work authorization is incident to L-2 status (no EAD needed since 2022)
TD	TN	No	Must obtain own independent work visa

Why Work With Joya Law Firm on Dependent Visa Issues?

Dependent visa issues rarely exist in isolation. They are connected to the principal worker’s visa status, employer sponsorship, green card processing timelines, and evolving policy changes. Our California immigration practice takes a whole-family approach:

Frequently Asked Questions (FAQ)

Can H-4 visa holders attend school in the United States?

Yes. H-4 visa holders — both spouses and children — can attend school at any level, including elementary, secondary, college, and graduate programs. There is no restriction on education while in H-4 status. You do not need a separate F-1 student visa to study if you already hold valid H-4 status, though you should confirm with your school that they accept H-4 enrollment (nearly all do).

How long does it take to get an H-4 EAD?

Processing times for Form I-765 (H-4 EAD) have varied significantly. In recent years, processing has ranged from 3 to 8 months, though USCIS has implemented automatic extensions of up to 540 days for timely-filed EAD renewal applications. This means if you file your renewal before your current EAD expires, you can continue working while the renewal is pending. Check current processing times on the USCIS website, as they change frequently.

Do L-2 spouses still need to apply for an EAD to work?

No. Since the 2022 rule change, L-2 spouses have automatic work authorization that comes with their L-2 status. You do not need to file Form I-765 or wait for an EAD card. You can begin working as soon as you have valid L-2 status. For employment verification (Form I-9), you can present your I-94 record and valid identification. However, some employers may not be familiar with this rule change — if you encounter issues, an attorney can help communicate your work authorization to the employer.

Can TD visa holders get a work permit?

No. There is no Employment Authorization Document (EAD) or work permit available for TD visa holders. TD status does not include any work authorization, and there is no waiver or exception. If a TD spouse wants to work in the United States, they must obtain their own independent work visa — such as a TN (if they are Canadian or Mexican and qualify in a listed profession), H-1B, O-1, or another employment-based visa category.

What happens to my dependent visa if the primary visa holder changes jobs?

When the primary H-1B or L-1 holder changes employers, the new employer must file a new petition. Once the new petition is filed or approved, the dependent’s status continues — but it must be linked to the new employer’s petition. In practice, dependents typically file a concurrent extension or change of status application along with the primary holder’s new petition. It is important to act quickly during an employer transition to avoid gaps in dependent status.

Can dependent visa holders apply for a green card on their own?

Dependent visa holders are generally included as derivative beneficiaries on the primary holder’s green card petition. When the H-1B or L-1 holder files Form I-485 for adjustment of status, the H-4 or L-2 spouse and children can file their own I-485 applications at the same time. However, some dependents may also have independent paths to a green card — for example, through their own employment sponsorship, a family-based petition, or other categories. Our firm evaluates every family member’s options.

If my H-1B spouse's I-140 is denied, do I lose my H-4 EAD?

If the I-140 is denied and no appeal or motion to reopen is successful, you would lose eligibility for the H-4 EAD. However, if a new I-140 is filed and approved by the same or a different employer, eligibility can be re-established. The timing and strategy around I-140 denials and refiling can be complex — it is important to consult with an attorney immediately if you receive notice that your spouse’s I-140 has been denied.

Take the Next Step

Your family’s immigration journey should not be an afterthought — it should be part of the plan from day one. Whether you need help obtaining H-4, L-2, or TD dependent status, applying for work authorization, or planning your family’s path to permanent residence, Joya Law Firm is here to help.

Book a Consultation to discuss your dependent visa options with an experienced immigration attorney.