Published: March 24, 2025
The Immigration and Nationality Act (INA) authorizes the temporary admission of different nonimmigrant categories to the US.
In particular, F-1 nonimmigrants are international students pursuing full-time academic studies in Student and Exchange Visitor Program (SEVP) approved schools. Spouses and minor children of F-1 students studying in the US can qualify for the F-2 dependent visa.
An F-2 visa permits family members to accompany the F-1 student while pursuing their education. Although F-2 visas provide valuable benefits, this nonimmigrant category has certain restrictions, especially regarding employment.
Generally, dependents of F-1 students may not accept employment or any form of paid work in the US. Below, understand how the F-2 visa works and the consequences of performing unauthorized work.
Overview of an F-2 Visa and Its Work Restrictions
An F-1 student’s spouse and unmarried children below 21 can apply for an F-2 status to accompany them in the US. However, under 8 CFR 214.2, eligibility for admission depends on whether the F-1 student has been admitted within a 30-day period, enrolled in an entire course of study, or participating in approved practical training after graduation.
According to the United States Citizenship and Immigration Services (USCIS) policy manual, individuals holding F2 visas are not authorized to work within the US. Although they can perform volunteer work, no compensation or benefits must be involved. Likewise, the nature of the activity must be solely humanitarian or altruistic. It should not in any way resemble employment or require specialized skills.
F-2 children may study full-time at the elementary, middle, or high school level. Although they can enroll at the post-secondary level, it must be vocational, recreational, or less than full-time. Suppose the F-2 dependents seek to pursue full-time academic studies beyond secondary school. They must request a change of status to that of an F-1 nonimmigrant.
Consequences of Unauthorized Employment on an F-2 Visa
Engaging in unauthorized employment on an F-2 visa constitutes a violation of US immigration law. It’s unlawful for foreign nationals to work for a US employer without authorization from the INA or USCIS.
Moreover, unauthorized employment occurs when working beyond the limits of authorization. The following are some consequences of performing paid work in the US without a proper work permit:
- Loss of legal status, which will require you to leave the country, reenter with a new visa, or request a change of status if eligible
- Accumulation of unlawful presence that can lead to deportation or bars to reentry into the US
- Immigration law violations that can make it challenging to secure future visas
- Fines and penalties for employers who knowingly employ unauthorized workers
Complete US Visa Application With ALG Lawyers
Bringing dependents to the US while pursuing education is a priority for many F-1 visa holders. Applying for an F-2 visa is the key to preserving family unity, but the process can sometimes be overwhelming. A qualified Los Angeles immigration lawyer can assist in making the steps more manageable.
Our team at ALG Lawyers can direct you at every stage, from compiling and organizing your documents to getting ready for your visa interview. As we proactively maintain current knowledge of visa regulations, we can help prevent common errors that may impact your eligibility and address any problems as they arise. Call us now for your first consultation.
(Please note that this article does not create an Attorney-Client relationship between our law firm and the reader and is provided for informational purposes only. Information in this article does not apply to all readers. Readers should not rely on this information as legal advice and should seek specific counsel from a qualified attorney based on their individual circumstances. Thank you.)