Spouse and Children of H and L

The spouse and unmarried, minor children under 21 year of age of an applicant for H or L visas may also be classified as nonimmigrants in order to accompany or join the principal applicant. 

Family members qualifying in derivative status should bring the following at the time of interview:

-        Approval Notice of the spouse - Form I-797 issued by the USCIS

-        Proof of the applicant’s relationship to his/her spouse, and/or children (e.g., marriage and birth certificates, pictures, letters etc)

-        Evidence of Financial resources

-        Any other relevant documents

H1 and L1 applicants may be asked to provide additional information about the U.S. Company for whom they will work.  This may include: a list of employees with salaries, date of hire and immigration status listed; copies of W-2s for company employees and 1120 Tax information for the company.

A person who has received a visa as the spouse or child of a temporary worker may not accept employment in the United States.  The principal applicant must be able to show that he or she will be able to support his or her family in the United States.

A visa is not a guarantee of entry into the United States.  Visa holders are subject to inspection at the port of entry by the U.S. Immigration Officials who have authority to deny admission.  Visa holders should, therefore, carry with them, for possible presentation to immigration inspectors, the evidence submitted to the consular officer when the visa was obtained.

A visa may not be transferred from one person to another, or used by any person other than the one to whom it was issued."