What about the family? US visa options for dependants

Liane Cooney, a US Attorney and head of the firm's US practice, comments on US visa options for family members

Employees undertaking secondments to the US are increasingly concerned with the visa options available to the partners, spouses and/or children who will accompany them. At present, dependants of employees in the US with temporary visas (L-1 intracompany transfers, E-1/2 treaty company employees, or H-1 specialty occupation/professionals) are prohibited from engaging in employment in the US. However, a spouse may well have independent employment or academic options whilst in the US. Here is a brief look at what may lie in store for the family.

Professional worker
A spouse with a bachelor's level of education, or equivalent education/experience, may be eligible for an H-1 visa if suitable professional level employment in a "specialty occupation" can be located in the US. The prospective US employer must be willing to sponsor them for this temporary visa. (At present, this option is complicated because this year's annual limit of 115,000 H-1 visas has been exhausted and no new H-1 visas will be available until 1st October 1999.)

L-1 Intracompany Transfer
The spouse might independently qualify for an L-1 visa if his or her foreign employer has a US office which would be prepared to employ him or her. All the usual qualifying criteria would need to be established (i.e. executive/ managerial or specialised knowledge employment outside the US for one year in preceding three year period).

E Treaty Visa
Similarly, a spouse may find a suitable employer in the US who shares his or her nationality and qualifies for treaty company status. Prior employment abroad with the employer is not required for E visa eligibility. For example, a British spouse might be able to locate employment (executive/managerial or special skill level) with a British company in the US which is already registered as a treaty company or would be eligible to apply for treaty company status. There are currently more than 4,000 British companies with E visa registrations at the US Embassy in London.

Educational Options
Children of temporary workers (e.g. E, H or L visa holders) can attend school in the US and will not require F-1 student visa status. Once a child reaches 21, he or she will no longer qualify as the parent's dependant. It will be necessary to change their visa status to F-1 student but this will also open up possibilities of post graduate practical training employment.
Spouses who wish to consider academic or vocational programmes while in the US will not require F-1 student visas.

Voluntary/charitable services
The US Immigration Service regulations define employment as services for "wages or other remuneration." Therefore, voluntary services would be acceptable where no payment or benefits are received.

Unmarried partners
There is no partner visa per se in the US but the US Embassy will consider a B-2 tourist visa application for the partner of an individual who holds a US work permit such as an E-1/2, H-1 or L-1. Acceptable documentation could include evidence that the couple have resided together and share assets and liabilities (joint accounts, property etc.).

Nannies
A temporary work permit holder may bring a nanny or similar employee to the US. The nanny would apply for a B-1 business visa and would need to show at least one year of employment in a domestic capacity as well as home country ties.

A secondment to the US may be a significant professional development for an employee but the accompanying family members should be taken into account to ensure that the move does not become a challenge on a personal level. Many employees now take the lead in identifying the opportunities available to their dependants and some employers may even find that they will need to factor a spouse's employment opportunities into the negotiations with the prospective expatriate. It is interesting to note that there is speculation in the US at the current time that spouses of workers on L-1 visas may be granted permission to work.