On April 30, 2022, Freeman Law posted my blog that provided a brief overview of international students in the U.S. pursuant to an F-1 visa and the limited circumstances under which those visa-holders may work in the U.S. See International Students, F-1 Visas, Graduation an . . . Work in the U.S.? Since that blog hit the Freeman Law webpage, I was accosted with questions about dependents of the F-1 student visa holder. This blog serves to supplement that previous blog, with a focus on the F-2 visa holder.
Dependents of an F-1 visa holder are within the scope of the definition of "immigrant" contained in 8 U.S.C. § 1101(a)(15)(F), which defines "immigrant" to include "the alien spouse and minor children of any alien" having a residence in a foreign country which he or she has no intention of abandoning, who is a bona fide student qualified to pursue a full course of study at an established academic institution (i.e., the F-1 student), if such spouse or minor children are accompanying or following to join such F-1 student. See also 26 U.S.C. § 1201 (Issuance of visas).
The relevant regulation- 8 C.F.R. § 214.2(f)(3)-provides, in part: "The spouse and minor children accompanying an F-1 student are eligible for admission in F-2 status if the student is admitted in F-1 status. The spouse and minor children following-to-join an F-1 student are eligible for admission to the United States in F-2 status if they are able to demonstrate that the F-1 student has been admitted and is, or will be within 30 days, enrolled in a full course of study, or engaged in approved practical training following completion of studies."
At the time the spouse or minor children of an F-1 student seek admission, the eligible spouse and minor children of an F-1 student with a Student and Exchange Visitor Information System (SEVIS) Form I-20 must individually present an original SEVIS Form I-20 issued in the name of each F-2 dependent issued by a school authorized by the government for attendance by F-1 foreign students. Id.
As reported in the earlier blog, an F-1 student is allowed to engage in qualified curricular practical training and employment through the Non-SEVIS Form process or through a SEVIS Form I-20 process, provided that the employment is directly related to his or her major area of study. See 8 C.F.R. § 214.2(f)(10)(i)(A)-(B). After completion of the course study, the F-1 student may engage in qualified optional practical training. See id. at § 214.2(f)(10)(ii).
However, the F-2 spouse and minor children of an F-1 student-each of whom were issued an individual SEVIS Form I-20-may not accept employment and, with limited exceptions, the F-2 dependent may engage only less than a full course of study, as defined by the regulations. See 8 C.F.R. § 214.2(f)(15)(i) ("The F-2 spouse and children of an F-1 student may not accept employment."), (ii) (authorization for qualified study for the F-2 dependent of an F-1 student).
The prohibition of employment for an F-2 spouse of F-1 student applies during the F-1 student's authorized practical training as well as any authorized optimal practical training period. For authorization to work or to take on a full course of study, the F-2 spouse or dependent must apply for and receive alternate authorization, such as the F-1, M-1, or J-1 nonimmigrant status. See id. at § 214.2(f)(15)(ii)(A)(1)-(2). However, "[a]n F-2 child may engage in full-time study, including any full course of study, in any elementary or secondary school (kindergarten through twelfth grade)." See id. at § 214.2(f)(15)(ii)(B). "An F-2 spouse and child violates his or her nonimmigrant status by enrolling in any study except as provided in" 8 C.F.R. § 214.2(f)(15)(ii)(A) or (B).
See Sample Form I-20
Department of Homeland Security's Students and The Form I-20
Department of Homeland Security's Bringing Dependents to the United States
U.S. Immigration and Customs Enforcement's SEVP's Governing Regulations for Students and Schools
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.