Immediate family members are eligible to accompany the employee or visitor with only marriage and birth certificates required for a visa. They may also join at a later date. Their status is derivative of the employee’s or visitor’s, meaning if the primary status ends, so does theirs. However, if an extension of status is needed and the family members are in the U.S., a separate application must be submitted for them. If they are outside the U.S., they may use the approval notice to obtain a Visa stamp and extend their status upon re-entry.
Inviting an extended family member for a visit is more complicated, as they are not eligible for derivative status and must apply for their own visa. Fermilab will provide an invitation letter to include in the visa application package. To request this letter, contact Fermilab.
Most dependent visa statuses do not permit employment, which can be a challenging adjustment for spouses. Spousal dissatisfaction is a major reason assignments abroad fail. Even if employment is not permitted, spouses may find many fulfilling opportunities in the area. Suggestions from the Campus Access Office and the Visa Office, as well as the Life at Fermilab page, may be helpful. For those with school-age children, spouses might also explore volunteer opportunities at their children’s school.
Travel
A dependent may leave and re-enter the U.S. with a new or unexpired visa stamp and appropriate supporting documents. For trips to Canada or Mexico lasting less than 30 days, a visa is not required due to the automatic revalidation process. However, if the traveler applies for a new visa while in Canada or Mexico and the application is still pending or has been denied, they will not be able to re-enter the U.S.
Social security number
A relative may or may not be eligible to request a Social Security number (SSN) in the U.S. eligibility requirements and required documents can be reviewed on the Social Security Administration (SSA) website. If a person is not eligible for an SSN, they may apply for an Individual Taxpayer Identification Number instead. Family members in F or J status are eligible for an SSN and must follow a different set of rules.
Driving
Temporary visitor driving licenses may be available for family members without a Social Security number. To obtain a license, they must pass both a written and a driving test. The Illinois Rules of the Road guide can help with studying for the written portion.
Employment and education for families
B-2 family | J-2 family | F-2 family | H-4 family | O-3 family | TD family | E-3 family
B-2 family
B-2 (tourist) status usually is given to the family of B-1 business visitors. Normally, B-2 family are admitted for the same authorized stay as the B-1 status holder or for the period of need, as demonstrated to the CBP officer during admission.
Families in B-2 status are not authorized to work in the U.S.; however, many community-based organizations offer opportunities for volunteering (unpaid work, with no possibility of future employment). As long as no compensation is involved, and the opportunity is officially advertised as a volunteer position, the foreign national may participate.
Family members in B-2 status may not attend schools in the U.S. Visitors may, however, engage in study that is avocational or recreational in nature.
J-2 family
J-2 status is given to the spouse and dependent unmarried children under 21 of J-1 status holders. These family members each get their own DS-2019 to reflect their approval for this status. To obtain J-2 visas, they must submit proof of the family relationship and proof that the J-1 status holder either is also applying for a visa, or already holds J-1 status in the U.S. They also must show that they hold appropriate medical insurance. If children in J-2 status get married or reach 21 years, they are no longer eligible for J-2 status, and must change to another visa status to remain in the U.S. J-2 is a derivative status, which means that J-2 status is terminated as soon as J-1 status ends.
J-2 dependents of a J-1 foreign national who was selected for a two-year home residency requirement and separately subject to the same requirement! J-2 dependents must rely on the J-1 to apply for a waiver of the 212(e) requirement. J-2s may not apply for the waiver separately from the J-1.
J-2 status holders may apply to the USCIS for a work permit by filing a Form I-765 Application for Employment Authorization, which – when issued – is a general work permit that is valid in 1-year increments. Please review the complete instructions about how to prepare and file a Form I-765 Application for Work Permit, for a J-2 spouse on the Work authorization for a J-2 spouse page. Bring the completed application to the Visa Office for review before submitting it to USCIS. The J-2 status holder may begin employment only after receiving the approved EAD, which can take 3 months to be issued. If they work before receiving the EAD, they violate their J-2 status.
Without an EAD, family members in J-2 status cannot work. If they do work, it violates their status and they then are “out of status.” Sometimes severe consequences can result from being “out of status”.
Family members in J-2 status may study in the United States to pursue a degree or simply for recreation. Minor children may attend K-12 schools, while post-secondary education is allowed for minor unmarried children.
J-2 dependents subject to the 212 (e) residence requirement must obtain a waiver of the residence requirement to be eligible to change any nonimmigrant status except A or G. Other J-2 nonimmigrants are eligible to change status to F-1.
F-2 family
The spouse and dependent unmarried children under 21 of F-1 visa status holders are issued F-2 visa status. They obtain this status upon submission of proof of the family relationship – there are no other requirements. Children who get married or who turn 21 years are no longer eligible for F-2 status, and must change to another visa status to remain in the U.S. F-2 is a derivative status, which means that F-2 status is terminated as soon as F-1 status ends.
Spouses in F-2 status are not authorized to work. If they do work, it violates their status and sometimes severe consequences can result from being “out of status”.
An F-2 spouse may not engage in a full course of study, but may engage in study at an SEVP-certified school in the United States as long as they are enrolled in less than a full course of study. The F-2 spouse may still engage in study that is merely avocational or recreational in nature. To engage in a full course of study, an F-2 spouse must apply for and be granted F-1, M-1, or J-1 status.
Minor children may attend K-12 schools, while post-secondary education is allowed for minor unmarried children. An F-2 child may engage in study at an SEVP-certified school in the United States as long as they are enrolled in less than a full course of study at the post-secondary level. An F-2 child may also engage in recreational or avocational study. To study full-time at the post-secondary level, the child must apply for and be granted F-1, M-1, or J-1 status.
F-2 dependents are not allowed to work, and therefore are not eligible for a social security number. However, an F-1 student may apply for an Individual Taxpayer Identification Number (ITIN) for his/her spouse and each child in F2 status, for tax filing purposes. ITIN is an identification number issued by the IRS for individuals who do not have and are not eligible to obtain a Social Security Number (SSN).
H-4 family
The spouse and dependent unmarried children under 21 of H-1B visa status holders are issued H-4 visa status. They get this upon submission of proof of the family relationship – there are no other requirements. Children who get married or who turn 21 years are no longer eligible for H-4 status, and must change to another visa status to remain in the U.S.
Family members in H-4 status cannot usually work. If they do work, it violates their status and sometimes severe consequences can result from being “out of status”. Employment authorization exception applies to certain H-4 spouses.
Family members in H-4 status may study in the U.S. to pursue a degree or simply for recreation. Minor children may attend K-12 schools, while post-secondary education is allowed for minor unmarried children.
O-3 family
The spouse and dependent unmarried children under 21 of O-1 visa status holders are issued O-3 visa status. They get this upon submission of proof of the family relationship – there are no other requirements. Children who get married or who turn 21 years are no longer eligible for O-3 status, and must change to another visa status to remain in the U.S.
Family members in O-3 status are not authorized to work. If they do work, it violates their status and sometimes severe consequences can result from being “out of status”.
Family members in O-3 status may study in the United States to pursue a degree or simply for recreation. Minor children may attend K-12 schools, while post-secondary education is allowed for minor unmarried children
TD family
The spouse and dependent unmarried children under 21 of TN visa status holders are issued TD visa status. They get this upon submission of proof of the family relationship – there are no other requirements. Children who get married or who turn 21 years are no longer eligible for TD status, and must change to another visa status to remain in the U.S.
Family members in TD status are not authorized to work. If they do work, it violates their status and sometimes severe consequences can result from being “out of status”.
Family members in TD status may study in the U.S. to pursue a degree or simply for recreation. Minor children may attend K-12 schools, while post-secondary education is allowed for minor unmarried children.
E-3 family
The spouse and dependent unmarried children under 21 of E-3 status holders are issued their own E-3 visa status. They get this upon submission of proof of the family relationship – there are no other requirements. Children who get married or who turn 21 years are no longer eligible for E-3 status, and must change to another visa status to remain in the U.S.
E-3 family members may apply to the USCIS for a work permit by filing a Form I-765 Application for Employment Authorization, which – when issued – is a general work permit that is valid in 1-year increments. Please see here for complete instructions about how to prepare and file a Form I-765 Application for Work Permit (specific to J-2 EAD, but similar process). Bring the completed application to the Visa Office for review before submitting it to USCIS. The E-3 status holder may begin employment only after receiving the approved EAD, which can take 3 months to be issued. If they work before receiving the EAD, they violate their E-3 status.
Family members in E-3 status may study in the U.S. to pursue a degree or simply for recreation. Minor children may attend K-12 schools, while post-secondary education is allowed for minor unmarried children.
Life in the United States and at Fermilab
Fermilab organizations and clubs
Fermilab employees and visitors can join various clubs by interest, as well as various sports leagues.
Visit the Life at Fermilab page for additional information.
Volunteering
If your spouse is not allowed to accept gainful employment in the United States, they still have many options of fulfilling volunteering activities.
English as a second language
If English is not your family’s first language there are a variety of resources to learn English for free.
Primary education for children
Parents of school-age children in Fermilab Village can enroll them in an Illinois public school, such as Currier Elementary, Leman Middle School or Community High School. If your child is too young, other quality child care options may be available.
Translate the page
If you need to translate the webpage, the Google Chrome browser is recommended. On the right of the address bar, click translate and select your preferred language. Google Chrome will then translate the webpage.
Si necesita traducir la página web, se recomienda utilizar el navegador Google Chrome. A la derecha de la barra de direcciones, haga clic en traducir y seleccione su idioma preferido. Luego, Google Chrome traducirá la página web.