If your spouse is the primary visa holder, you're navigating immigration as a dependent. Here's how to maintain your career, understand your options, and potentially become the primary applicant yourself.
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Dependent visa holders (H-4, L-2, O-3) have different work authorization rules: H-4 requires spouse's approved I-140 for work permit; L-2 can work with EAD; O-3 cannot work at all. Your options include: (1) remain dependent and get work authorization if eligible, (2) file your own work visa (H-1B, O-1), or (3) file your own green card petition. Don't sacrifice your career—understand your rights and build your own immigration path if needed.
Work authorization varies by visa: H-4 (conditional), L-2 (yes), O-3 (no).
You can file your own work visa: Being a dependent doesn't prevent you from getting H-1B or O-1.
Dual filing is powerful: Both spouses filing green card petitions creates backup and flexibility.
H-4 EAD has specific requirements: Spouse must have approved I-140 or be in 7th year H-1B extension.
Your career matters too: Don't assume you must sacrifice professional growth for spouse's immigration.
Divorce protection matters: Understanding your independent options protects you.
Work authorization varies by visa: H-4 (conditional), L-2 (yes), O-3 (no).
You can file your own work visa: Being a dependent doesn't prevent you from getting H-1B or O-1.
Dual filing is powerful: Both spouses filing green card petitions creates backup and flexibility.
H-4 EAD has specific requirements: Spouse must have approved I-140 or be in 7th year H-1B extension.
Your career matters too: Don't assume you must sacrifice professional growth for spouse's immigration.
Divorce protection matters: Understanding your independent options protects you.
H-4 (Spouse of H-1B):
Can you work? Conditionally yes.
Requirements for H-4 EAD:
H-1B spouse has approved I-140, OR
H-1B spouse is in 7th year extension (beyond 6-year limit)
Process:
File I-765 (Application for Employment Authorization)
Processing time: 3-6 months
Renewable as long as H-4 status continues
No restrictions on employer or job type
If requirements not met:
Cannot work legally
Must wait until spouse's I-140 is approved
Or obtain own work visa
L-2 (Spouse of L-1):
Can you work? Yes.
Process:
File I-765 (Application for Employment Authorization)
No additional requirements (unlike H-4)
Processing time: 3-6 months
Renewable with L-2 status
Advantage: L-2 work authorization is simpler than H-4.
O-3 (Spouse of O-1):
Can you work? No.
Options:
Cannot obtain EAD on O-3 status
Must file own work visa (H-1B, O-1) to work
Or remain dependent without working
This is O-1's biggest limitation: Great visa for primary applicant, but spouse cannot work.
Derivative on I-485 (Green Card Pending):
Can you work? Yes.
Process:
File I-765 with I-485 (or separately after)
EAD allows work without restrictions
Processing time: 3-6 months
Renewable until green card is approved
Best situation: Once I-485 is filed, both spouses can work regardless of original visa type.
Consider filing your own H-1B or O-1 if:
1. You want career independence
Don't want career limited by spouse's visa
Want to work for employers of your choice
Building professional credentials matters
2. O-3 status (no work authorization)
Your only options: own work visa or don't work
If career matters, file your own visa
3. Backup protection
If spouse loses job, your visa becomes the family's backup
Two working visas = more security
Divorce protection
4. Green card flexibility
You can file your own green card petition
Creates dual-filing backup
May be faster depending on your credentials
Can I enter the H-1B lottery while on H-4, L-2, or O-3?
Yes. Your dependent status doesn't affect H-1B eligibility.
Process:
Find employer willing to sponsor
Register for H-1B lottery
If selected, file H-1B petition
If approved, change status from dependent to H-1B
Considerations:
25% lottery selection rate still applies
Employer must be willing to sponsor
Your qualifications must meet H-1B requirements
Can I file O-1 while on dependent status?
Yes. O-1 has no lottery—if you qualify, you can file.
Process:
Build evidence of extraordinary ability
Find employer or agent to petition
File O-1 with premium processing
Change status from dependent to O-1
This is often the best option for:
Accomplished professionals on O-3 (who can't work)
H-4 holders without EAD eligibility
Anyone wanting career independence
What it means: Both spouses file independent green card petitions.
Why it's powerful:
Backup protection:
If spouse A's petition is denied, spouse B's continues
Family has two chances at green card
Cross-chargeability:
If one spouse is from backlog country and other isn't
Both can use favorable country's priority date
Career flexibility:
Neither spouse is dependent on the other's employer
Both can change jobs freely
Example:
Spouse A: Files EB-1A based on research career
Spouse B: Files EB-2 NIW based on business expertise
Whichever approved first, other becomes derivative
Double the chances, maximum flexibility
If spouse's visa is denied or lost:
Your dependent status ends:
H-4 ends when H-1B ends
L-2 ends when L-1 ends
O-3 ends when O-1 ends
60-day grace period:
Same grace period as primary holder
Must find new status or leave
Your options:
File your own work visa (if qualified)
Change to B-1/B-2 (visitor, cannot work)
Leave the U.S.
File for your own green card if eligible
This is why having your own visa matters: If you have independent H-1B or O-1, spouse's job loss doesn't affect your status.
What happens to dependent status in divorce?
Before green card:
Your dependent status (H-4, L-2, O-3) depends on marriage
Divorce = loss of dependent status
Must find independent status or leave
After green card (conditional):
If married less than 2 years at green card approval, you have "conditional" green card
Normally filed jointly to remove conditions
Divorce: Can file waiver to remove conditions independently
After green card (unconditional):
Your green card is yours
Divorce doesn't affect it
Protecting yourself:
File your own work visa if possible
File your own green card petition (dual filing)
Don't rely solely on spouse's immigration status
Challenges:
Work restrictions limit career growth
Gaps in employment history
Skills may become outdated
Professional identity tied to spouse
Strategies:
1. Volunteer work (unpaid)
Generally permitted on any dependent status
Maintains professional connections
Can lead to job offers when work-authorized
2. Remote work for foreign employer
If work is performed for non-U.S. entity
Complex tax and legal implications
Consult attorney before pursuing
3. Education
All dependent statuses allow studying
Build credentials during waiting period
May qualify for future work visas
4. Professional development
Certifications, online courses
Networking and conferences
Writing and publishing (not employment)
5. File your own work visa
H-1B, O-1, or other work visa
Gain full work authorization
Build career independently
H-4 EAD timeline:
Spouse files I-140: Day 0
I-140 approved: 6-12 months
File H-4 EAD: After I-140 approval
EAD approved: 3-6 months after filing
Total: 9-18 months from I-140 filing
Your own O-1 timeline:
Build evidence: 0-24 months (if not ready)
File O-1 with premium: 15 days decision
Total: Much faster if you already qualify
Strategic implication: If you qualify for O-1, it's faster than waiting for H-4 EAD.
Work Authorization Assessment: Based on your dependent status and spouse's visa situation, see your work authorization options.
Own Visa Eligibility: Evaluate whether you qualify for H-1B, O-1, or other work visa independently.
Dual Filing Analysis: If both spouses could file green cards, OpenSphere shows the optimal strategy.
Career Planning: Map your professional options during dependent status and pathways to work authorization.
Status | Work Authorized? | Requirements | Processing Time |
H-4 | Conditional | Spouse's I-140 approved | 3-6 months for EAD |
L-2 | Yes | None | 3-6 months for EAD |
O-3 | No | N/A | Must file own work visa |
I-485 derivative | Yes | Pending I-485 | 3-6 months for EAD |
Green card holder | Yes | Approved green card | Immediate |
Are you on a dependent visa wondering about your career options? Want to evaluate filing your own work visa or green card?
Take the OpenSphere evaluation. You'll get dependent-specific assessment and career pathway analysis.
H-4 (Spouse of H-1B):
Can you work? Conditionally yes.
Requirements for H-4 EAD:
H-1B spouse has approved I-140, OR
H-1B spouse is in 7th year extension (beyond 6-year limit)
Process:
File I-765 (Application for Employment Authorization)
Processing time: 3-6 months
Renewable as long as H-4 status continues
No restrictions on employer or job type
If requirements not met:
Cannot work legally
Must wait until spouse's I-140 is approved
Or obtain own work visa
L-2 (Spouse of L-1):
Can you work? Yes.
Process:
File I-765 (Application for Employment Authorization)
No additional requirements (unlike H-4)
Processing time: 3-6 months
Renewable with L-2 status
Advantage: L-2 work authorization is simpler than H-4.
O-3 (Spouse of O-1):
Can you work? No.
Options:
Cannot obtain EAD on O-3 status
Must file own work visa (H-1B, O-1) to work
Or remain dependent without working
This is O-1's biggest limitation: Great visa for primary applicant, but spouse cannot work.
Derivative on I-485 (Green Card Pending):
Can you work? Yes.
Process:
File I-765 with I-485 (or separately after)
EAD allows work without restrictions
Processing time: 3-6 months
Renewable until green card is approved
Best situation: Once I-485 is filed, both spouses can work regardless of original visa type.
Consider filing your own H-1B or O-1 if:
1. You want career independence
Don't want career limited by spouse's visa
Want to work for employers of your choice
Building professional credentials matters
2. O-3 status (no work authorization)
Your only options: own work visa or don't work
If career matters, file your own visa
3. Backup protection
If spouse loses job, your visa becomes the family's backup
Two working visas = more security
Divorce protection
4. Green card flexibility
You can file your own green card petition
Creates dual-filing backup
May be faster depending on your credentials
Can I enter the H-1B lottery while on H-4, L-2, or O-3?
Yes. Your dependent status doesn't affect H-1B eligibility.
Process:
Find employer willing to sponsor
Register for H-1B lottery
If selected, file H-1B petition
If approved, change status from dependent to H-1B
Considerations:
25% lottery selection rate still applies
Employer must be willing to sponsor
Your qualifications must meet H-1B requirements
Can I file O-1 while on dependent status?
Yes. O-1 has no lottery—if you qualify, you can file.
Process:
Build evidence of extraordinary ability
Find employer or agent to petition
File O-1 with premium processing
Change status from dependent to O-1
This is often the best option for:
Accomplished professionals on O-3 (who can't work)
H-4 holders without EAD eligibility
Anyone wanting career independence
What it means: Both spouses file independent green card petitions.
Why it's powerful:
Backup protection:
If spouse A's petition is denied, spouse B's continues
Family has two chances at green card
Cross-chargeability:
If one spouse is from backlog country and other isn't
Both can use favorable country's priority date
Career flexibility:
Neither spouse is dependent on the other's employer
Both can change jobs freely
Example:
Spouse A: Files EB-1A based on research career
Spouse B: Files EB-2 NIW based on business expertise
Whichever approved first, other becomes derivative
Double the chances, maximum flexibility
If spouse's visa is denied or lost:
Your dependent status ends:
H-4 ends when H-1B ends
L-2 ends when L-1 ends
O-3 ends when O-1 ends
60-day grace period:
Same grace period as primary holder
Must find new status or leave
Your options:
File your own work visa (if qualified)
Change to B-1/B-2 (visitor, cannot work)
Leave the U.S.
File for your own green card if eligible
This is why having your own visa matters: If you have independent H-1B or O-1, spouse's job loss doesn't affect your status.
What happens to dependent status in divorce?
Before green card:
Your dependent status (H-4, L-2, O-3) depends on marriage
Divorce = loss of dependent status
Must find independent status or leave
After green card (conditional):
If married less than 2 years at green card approval, you have "conditional" green card
Normally filed jointly to remove conditions
Divorce: Can file waiver to remove conditions independently
After green card (unconditional):
Your green card is yours
Divorce doesn't affect it
Protecting yourself:
File your own work visa if possible
File your own green card petition (dual filing)
Don't rely solely on spouse's immigration status
Challenges:
Work restrictions limit career growth
Gaps in employment history
Skills may become outdated
Professional identity tied to spouse
Strategies:
1. Volunteer work (unpaid)
Generally permitted on any dependent status
Maintains professional connections
Can lead to job offers when work-authorized
2. Remote work for foreign employer
If work is performed for non-U.S. entity
Complex tax and legal implications
Consult attorney before pursuing
3. Education
All dependent statuses allow studying
Build credentials during waiting period
May qualify for future work visas
4. Professional development
Certifications, online courses
Networking and conferences
Writing and publishing (not employment)
5. File your own work visa
H-1B, O-1, or other work visa
Gain full work authorization
Build career independently
H-4 EAD timeline:
Spouse files I-140: Day 0
I-140 approved: 6-12 months
File H-4 EAD: After I-140 approval
EAD approved: 3-6 months after filing
Total: 9-18 months from I-140 filing
Your own O-1 timeline:
Build evidence: 0-24 months (if not ready)
File O-1 with premium: 15 days decision
Total: Much faster if you already qualify
Strategic implication: If you qualify for O-1, it's faster than waiting for H-4 EAD.
Work Authorization Assessment: Based on your dependent status and spouse's visa situation, see your work authorization options.
Own Visa Eligibility: Evaluate whether you qualify for H-1B, O-1, or other work visa independently.
Dual Filing Analysis: If both spouses could file green cards, OpenSphere shows the optimal strategy.
Career Planning: Map your professional options during dependent status and pathways to work authorization.
Status | Work Authorized? | Requirements | Processing Time |
H-4 | Conditional | Spouse's I-140 approved | 3-6 months for EAD |
L-2 | Yes | None | 3-6 months for EAD |
O-3 | No | N/A | Must file own work visa |
I-485 derivative | Yes | Pending I-485 | 3-6 months for EAD |
Green card holder | Yes | Approved green card | Immediate |
Are you on a dependent visa wondering about your career options? Want to evaluate filing your own work visa or green card?
Take the OpenSphere evaluation. You'll get dependent-specific assessment and career pathway analysis.
1. Can I work on H-4 without EAD?
No. H-4 requires EAD for work authorization, and EAD requires spouse's approved I-140.
2. Can I file my own H-1B while on H-4?
Yes. Your H-4 status doesn't prevent you from entering H-1B lottery.
3. What happens to my H-4 EAD if spouse loses job?
If spouse's H-1B ends, your H-4 status ends, and EAD becomes invalid.
4. Can I start a business on H-4 EAD?
Yes. H-4 EAD allows self-employment and business ownership.
5. Why can't O-3 work?
Immigration law doesn't provide work authorization for O-3. It's a limitation of the O visa category.
6. Can I change from H-4 to H-1B?
Yes, if you're selected in H-1B lottery and petition is approved, you change status.
7. Does divorce affect my green card?
If you have independent green card (not through marriage), divorce doesn't affect it. If derivative of spouse, consult attorney.
8. Can both spouses file EB-1A?
Yes. Both can file independently if both qualify.
9. What if my spouse's green card takes 15 years (Indian backlog)?
Consider filing your own petition (EB-1A has no backlog). Or use cross-chargeability if you're from non-backlog country.
10. Can I study on dependent visa?
Yes. All dependent visas (H-4, L-2, O-3) allow studying.
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