Dependent visas for the United States

Article originally published in Us Spain Executives Community: Dependents visas

Depending on the time you want to be in the United States and what you are going to do there, it is very possible that you need a visa.

There are three large types of visas:

Tourism.Certain countries, including Spain, are exempt from visa for stays of less than 90 days through the ESA program.If the requirements are not met, it is necessary to obtain visa B. The this is also valid for small commercial activities such as visits to customers or fairs. Studies.They are visas F, M and J. allow to reside during studies and under certain conditions, they also allow working for some time. Worked.There are various types depending on the personal and company situation.For professionals and executives who are displaced by your company or subsidiary, the options are usually the L-1 or E-2 visa, although, in certain specific cases, other options such as A, G, I or even theGreen Card.The choice of the most appropriate depends on several factors, such as the company structure, the activity, the investment made, etc.Since they are complex requests, it is advisable to plan it with the help of specialized lawyers.

An important aspect to consider, for family reconciliation, is what visa I would receive (or the companion (s) (couple and children).It is usually required that the couple be legally married to obtain a companion visa or dependant.

These visas depend on the principal, that is, they allow the companions to reside while the conditions for the main visa are met.The most common for displaced executives dependents are L-2 or E-2, who have the advantage of allowing the companion to work (although not the children), in an American company.That the companion can work in the United States is a very important aspect, not only for their personal and professional development, but also to deal with the important costs of life in the US.

Employment permit is additional and independent of the visa, and is usually requested after obtaining this.The process is not immediate, since you have to request permission from the U.S.Citizenship and Immigration Services (USCIS), filling the form I-765.If granted, which is not usually complicated for L-2 or E-2 dependents, the permit is materialized in a physical card called Employment Authorization Document (EAD Card).

Not all companion visas allow the dependent to work, and it is also something that can change according to regulators.For example, students’ companions (F or J) do not allow it, or the H-1B work visa (whose companions receive the H-4) only began to allow it in certain cases as of 2015. Anyway, the ultimate decision is of the USCIS, which has to approve permission and issue the EAD Card.The card and approval may take several weeks.

The EAD Card is important and is a great step, since it is a clear proof that you have the right to work.American companies can only hire people who are authorized, if not, they would be hiring illegal and risking important fines.It is even illegal to hire a worker and that the company does not verify that it is authorized to work (with the form I-9 or the E-Verify program).It is also illegal to subcontract jobs to other companies that have illegal workers.And as laws in the United States are respected and enforced, employers have great aversion and fear of hiring anyone who does not have permission, the more the company is and the more professional is the position.However, illegal work exists, but is relegated to low -level work and always with the risk of ending deportation.

The Card EAD simplifies the verification of the right to work and is widely accepted by the RRHH departments, although the right to work can be justified with other valid documents as explained by Form I-9 itself, for example, with the American passportor the Green Card.

Regarding children, all visas allow them to study without problem and without additional forms.The thing can change when they turn 21, at which time they stop being considered dependent and, to continue residing in the country, they must apply to another type of visa depending on what they are going to do.If they continue studying, the normal thing would be a visa F, M or J. It would be a new application, and the time that has already been resolved would not count.