So many people dream of moving to America because “America” is seen as the land of opportunity. Many immigrants seek to create a better life for their families and create opportunities that their parents may not have had. While moving to the United States for a new job can be exciting, it can also bring anxiety regarding keeping your family together. If you plan to obtain an employment-based visa, you probably wonder “Can my family accompany me on an employment-based visa?”

 

Fayad Law P.C. understands the importance of keeping families together during the immigration process. We are not your ordinary immigration law firm; we truly understand the struggles of immigrants because most of our team consists of immigrants.

We realize that you may be confused about how to get your family to accompany you on an employment-based visa, and our employment-based visa attorneys are here to assist. Contact Fayad Law P.C. today at 202-999-5346 to discuss your immigration needs.

 

What is an Employment-Based Visa?

 

An employment-based visa allows foreign nationals to work in the United States for a specific employer. Employment-based visas have several categories, such as EB-1, EB-2, and EB-3, each designed for different types of workers, from professionals with advanced degrees to skilled workers. The good news is that your family members can often accompany you if you obtain an employment-based visa.

 

Who Can Accompany You?

Typically, immediate family members are eligible to join you in the United States. This includes:

• Spouse: Your legally married spouse.
• Children: Your unmarried children under the age of 21.

These family members can apply for visas that allow them to live and, in some cases, work or study in the United States.

 

Types of Dependent Visas

 

These are the types of dependent visas for non-immigrant business immigration:

• E-1/ E-2 Dependent Visa (Treaty Traders and Treaty Investors): Spouses and children can join the primary visa holder.
• L-2 Visa (Dependents of L-1 Visa Holders): Available for spouses and children of L-1 visa holders.
• H-4 Visa (Dependents of H-1B Visa Holders): Spouses and children of H-1B visa holders can apply for H-4 visas.
• O-3 Visa (Dependents of O-1 Visa Holders): For spouses and children of O-1 visa holders.

What is the Step-by-Step Process for Family Members to Accompany You on Your Employment-Based Visa?

 

Let’s go through the process to ensure your family can accompany you:

 

Step 1: Secure Your Employment-Based Visa

 

Depending on which category of visa you are applying for, the process will vary.  Most employment-based visas must be initiated by the sponsoring employer filing the appropriate application with the USCIS, however, there are exceptions such as National Interest Waiver (NIW). Check with a knowledgeable immigration lawyer for assistance.

 

Step 2: Apply for Dependent Visas

 

After your employment-based visa is approved, your family members can apply for their dependent visas. Here’s how:

 

If the family member is outside of the U.S.: 

 

• Fill Out the Appropriate Forms Online: Each family member must complete the online nonimmigrant visa application.
• Visa Fee: Pay the visa application fee for each family member.
• Schedule Interviews: Book visa interviews at the nearest U.S. embassy or consulate.
• Attend Interviews: Family members must attend their visa interviews with the necessary documents, including your employment-based visa approval notice, proof of relationship (marriage certificate for spouse, birth certificates for children), and any other required documentation.
• Visa Issuance: If approved, your family members will receive their dependent visas, allowing them to travel to the United States.Non

Enter the United States: 

• Port of Entry: Upon arriving, present your visas and supporting documents to the Customs and Border Protection (CBP) officer.
• Inspection: The officer will review your documents and may ask a few questions to verify your information.
• Admission: If everything is in order, your family members will be admitted to the United States on their dependent visas.

 

For Family Members That Are Already in the U.S.: If the family member is in the US and qualifies for Change of Status (for non-immigrant visas) or Adjustment of Status (for immigrant visas), here are the process:

 

• Fill Out the Appropriate Form: File the appropriate application to extend/change Nonimmigrant Status, for each family member.
• Supporting Documents: Include copies of your visa approval notice, proof of relationship, and other necessary documentation.
• USCIS Review: USCIS will review the applications and, if approved, grant your family members dependent status.
• Interview: Some applicants are scheduled to attend an interview before USCIS.

 

Rights and Responsibilities of Dependent Visa Holders

 

Dependent visa holders have certain rights and responsibilities in the United States:

 

• Spouse: Depending on the visa type, your spouse may be eligible to apply for work authorization (EAD). For example, L-2 and certain H-4 visa holders can apply for an EAD to work legally in the U.S.
• Children: Your children can attend school in the United States. However, they are not typically authorized to work. Depending on the circumstances, children may qualify for scholarships and tuition funds.

 

Maintaining Visa Status

 

To ensure your family members maintain their visa status:

• Stay Compliant: Follow all U.S. laws, even minor traffic laws, and visa regulations.
• Renewals: Keep track of visa expiration dates and file for extensions or renewals on time.
• Change of Address: By law, you are required to report your change of address to the USCIS as soon as you move to a new location,
• Changes in Status: If you have a non-immigrant visa, notify USCIS of any changes in your employment or personal circumstances that may affect your visa status.

 

Bringing your family to the United States on an employment-based visa is a significant part of your immigration journey. At Fayad Law, we are committed to helping you navigate this process smoothly and with compassion. Our experienced team is here to support you and your family every step of the way.

 

Are You Ready to Bring Your Family to the United States?

 

If you have any immigration-related questions or need assistance with your visa applications, contact Fayad Law at 202-999-5346. Let us help you keep your family together while you pursue your American dream. Your dream is within reach, and we’re here to help you every step of the way. You can also chat with us online.