When a professional opportunity in the United States arises, one of the first questions is often about family. Can my spouse and children come with me? What are their options for working and studying? The U.S. immigration system offers several pathways for a worker’s immediate family, but each visa has its own rules and limitations.

This guide will demystify the visa options for your spouse and children, focusing on the dependent visas for the TN, H-1B, and L-1 categories.

1. The TN Visa’s Dependent: The TD Visa

For Canadian professionals on a TN (USMCA) visa, your spouse and unmarried children under the age of 21 are eligible for TD (Trade Dependent) status.

  • How to Apply: Like the TN visa itself, TD status for Canadian citizens can be obtained directly at a U.S. port of entry (land or air). Your family should have their valid Canadian passports, marriage certificates (for a spouse), and birth certificates (for children). They will present these documents to a U.S. Customs and Border Protection (CBP) officer and request admission as TD dependents.
  • Work Authorization: This is the most crucial point for TD visa holders: they cannot work in the U.S.
  • Studying: A significant benefit of the TD visa is that spouses and children are permitted to study in the U.S. on a full-time or part-time basis without needing to obtain a separate student visa.

Your family’s TD status is directly tied to your TN status, and it will remain valid for as long as your TN visa is active.

2. The H-1B Visa’s Dependent: The H-4 Visa

If you are a professional coming to the U.S. on an H-1B visa, your spouse and unmarried children under 21 are eligible for an H-4 visa.

  • How to Apply: H-4 visas are typically processed through a U.S. Consulate abroad. However, because Canadian citizens are visa-exempt, they can apply for H-4 status directly at a port of entry, just like TN visa holders.
  • Work Authorization: Unlike TD visa holders, an H-4 spouse may apply for work authorization (an EAD) under specific circumstances. The H-1B visa holder must either:
    • Have an approved Form I-140 (the immigrant petition that starts the green card process).
    • Have been granted an H-1B extension beyond the standard six-year limit based on an approved green card process.
  • Studying: H-4 visa holders are permitted to study in the U.S., including at the college and university level.

The ability for an H-4 spouse to work is a major advantage, but it is not automatic and depends on the H-1B visa holder’s progress toward permanent residency.

3. The L-1 Visa’s Dependent: The L-2 Visa

For those transferring from a Canadian company to a U.S. office on an L-1 visa, your spouse and unmarried children under 21 can obtain an L-2 visa.

  • How to Apply: L-2 status is obtained in a similar manner to the other dependent visas.
  • Work Authorization: The L-2 visa offers the greatest flexibility for spouses. The spouse of an L-1 visa holder is automatically eligible to apply for an EAD. They do not have to wait for the L-1 holder to start the green card process. This means an L-2 spouse can work for any employer in the U.S., making this a highly attractive option for many families.
  • Studying: Like the other dependent visas, L-2 visa holders can study full-time or part-time.
Visa Type Primary Worker Dependent Visa Can the Spouse Work? Can the Family Study?
TN Professional TD No Yes
H-1B Specialty Occupation H-4 Yes, with an EAD if the primary holder meets specific criteria. Yes
L-1 Intracompany Transferee L-2 Yes, with an EAD without special conditions. Yes
Choosing the right visa and navigating the dependent process is a critical decision that can impact your family’s life in the U.S. We can connect you with licensed attorneys who can help you evaluate all your options and determine the best strategy for your specific family and professional background.
Sources:
  • U.S. Citizenship and Immigration Services (USCIS)
  • U.S. Customs and Border Protection (CBP)
  • U.S. Department of State
  • Reputable immigration law firms
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