| Employee Immigration Status |
Dependent Immigration Status |
Work Authorization available? |
| E-3 |
E-3D
E-3S |
Children cannot work
Yes, spouses only; authorized to work incident to status* |
| H-1B |
H-4 |
Children cannot work
Some spouses are eligible to apply for work permission** |
| J-1 |
J-2 |
Yes, must apply using Form I-765 |
| O-1 |
O-3 |
No |
| TN |
TD |
No |
*
Employment Authorization for E-3 spouses - Spouses of E-3 workers in valid E-3 or E-3S status are considered employment authorized incident to status. As of Jan. 30, 2022, USCIS and CBP began issuing Forms I-94 with the following new COA codes for certain E spouses: E-1S, E-2S, E-3S. An unexpired Form I-94 reflecting one of these new codes is acceptable as evidence of employment authorization for spouses under List C of Form I-9.
**
Employment Authorization for Certain H-4 Dependent Spouses
If my dependent is eligible for and must apply for work authorization, what is the process and what form(s) do they submit?
File
Form I-765 for employment authorization to obtain work permission in the form of an EAD card. Since this is a personal petition, not employer sponsored, IFSS cannot assist with this application. If you would like assistance, we recommend that you speak to an immigration attorney who has knowledge of this type of application.
Additional Resources:
Who Can Be a Dependent?