Dependents

H-1B

Authorization

Dependent spouses and children who accompany H-1B Specialty Workers may obtain H-4 status. Dependents entering the U.S. from abroad must first obtain an H-4 visa from a U.S. Consulate and then enter in H-4 status. The H-4 visa application can be submitted simultaneously with the H-1B visa application or it can be applied for at a later date. No additional documentation from KUMC is required for the H-4 visa application.

Dependents already present in the U.S. in another status must apply for a change of status to H-4. As a courtesy to H-1B applicants sponsored by KUMC, the application for change of status for dependents is filed with the H-1B petition. H-1B applicants should be sure to include all information and documentation requested for dependents in the Applicant Information to Support an H-1B Petition form. The USCIS prefers that applications for change of status to H-4, as well as extensions of H-4 status, be submitted attached to the H-1B petition. Doing so ensures that both requests are processed simultaneously. The rules regarding renewal of an H-4 visa are the same as for revalidating an H-1B visa. The H-1 employee is responsible for any fees associated with applications submitted for dependents.

Employment

Individuals in H-4 status may not be employed or receive any compensation for services. They are usually ineligible for a Social Security Number. However, they may be issued an ITIN: Individual Taxpayer Identification Number.

Study

H-4 dependents may attend school without restriction, although an educational program that requires employment requires the dependent to change status to F-1 or J-1 student. A change of status would also be necessary for a dependent who wanted to accept an assistantship or other employment. This includes on-campus employment.

TD

Authorization

Spouses and children of TD professionals are admitted under classification TD. Any dependent who is not a citizen of Canada must first obtain a TD visa in order ot be admitted for entry. Extensions of TD status are accomplished in the same manner as for the principle.

Employment

Individuals in TD status may not be employed or receive any compensation for services. They are usually ineligible for a Social Security Number. However, they may be issued an ITIN: Individual Taxpayer Identification Number.

Study

TD dependents may attend school without restriction, although an educational program that requires employment requires the dependent to change status to F-1 or J-1 student. A change of status would also be necessary for a dependent who wanted to accept an assistantship or other employment. This includes on-campus employment.

O-3

Authorization

For a beneficiary of an O-1 petition who is outside the US and wishes for his or her immediate dependents to accompany, no official documentation from the USCIS is needed. The O-1 beneficiary may apply for the dependents at the same time as applying for the O-1 visa.  Upon approval, the dependents would be granted the O-3 visa.

If the O-1 is in the US and would like immediate dependents to join her or him in the United States, s/he should send a letter of invitation with the original I-797 approval notice.

Extensions of O-3 status are accomplished in the same manner as for the principle.  The O-1 employee is responsible for any fees associated with applications submitted for dependents.

Employment

Individuals in O-3 status may not be employed or receive any compensation for services. They are usually ineligible for a Social Security Number. However, they may be issued an ITIN: Individual Taxpayer Identification Number.

Study

O-3 dependents may attend school without restriction, although an educational program that requires employment requires the dependent to change status to F-1 or J-1 student. A change of status would also be necessary for a dependent who wanted to accept an assistantship or other employment. This includes on-campus employment.