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Posted on September 03 2024

Can EB-1 visa dependents work in the country?

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By  Editor
Updated September 03 2024

Can EB-1 visa dependents work in the country?

Yes, EB-1 visa holders' dependents can work in the country. A dependant can be defined as a legal spouse or a civil partner, including unmarried children under 21 years old or younger of an EB-1 visa holder. The dependants must get an approved I-140 petition to be eligible to enter the United States in E-14 or E-15 immigrant status, respectively.  

 

The EB1 Visa holder dependant can work in the country after being approved for the USCIS. Generally, when a skilled foreign worker applies for a US Immigrant Visa and Green Card, the spouse and dependent children (under 21 years of age and unmarried) can also apply for an Immigrant Visa and Green Card so the entire family can live, study, and work in the USA and enjoy the many other benefits of permanent residency in the United States.

 

The EB-1 Visa is a US first preference employment-based green card that permits foreign nationals with specific criteria to move to the US as lawful permanent residents. The EB-1 visa preference category includes:

 

First preference (EB-1) – Priority workers

  • Extraordinary skills in the sciences, arts, education, business, or athletics;
  • Excellent professors and researchers
  • Certain multinational executives and managers

Second preference (EB-2)

  • Professionals who have exceptional ability or advanced degrees

Third preference (EB-3)

  • Professionals, Skilled workers, or other workers

*Note: Not all dependent children of EB-1 visa holder are eligible to work in the country, but any EB-1 visa holder dependant is allowed to attend school, colleges or universities.
 

*Want to apply for EB-1 visa? Talk to Y-Axis for complete guidance.
 

Eligibility criteria to work as a dependant of EB-1 visa holder

 

To be eligible to work as an EB-1 visa dependent applicant, one must meet the following requirements such as:

 

  • Properly file Form I-485 with the principal applicant form
  • Receive approval from USCIS
  • Currently, the applicant must be EB-1 visa spouse or children
  • The applicant must be inspected and entered legally in the country
  • Physically present in the country at the time of filing the Form I-485
  • The EB-1 visa holder must be favourable condition from USCIS direction

 

Requirements to work as a dependant of EB-1 visa holder

 

To work as a dependant of an EB-1 visa holder in the country, the applicant must submit all the requirements:

  • Completed application of Form I-485
  • Proof of relation with the EB-1 visa holder
  • Copy of the Form I-797, Approval or Receipt Notice for the principal applicant (whether filing together or not filing together with the applicant)
  • Copy of government-issued ID
  • Birth Certificate
  • Valid passport
  • Copy of Form I-94, Record of Arrival/Departure
  • Proof of EB-1 visa holder residing in the country lawfully
  • Medical Insurance
  • Certificate of Police clearance

 

*Want assistance for US Immigration? Talk to Y-Axis, the world’s No. 1 overseas immigration consultancy for end-to-end support.

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