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  • Work authorisation for F-2 Visa Dependent

    Hi,
    I am on an "F-1 visa" & my wife is on an "F-2 dependent visa".
    My wife is doing voluntary work at a University.
    After having worked for nearly 2 months on a voluntary basis for a Professor.
    The Professor now is interested in paying my wife for her work [if it is possible] after getting legal work authorization.

    I am aware and I have read & understand that "F-2 visa" holders are not authorized to work.

    If any one who reads this has any experience of an "F-2 dependent" being given "work authorization" please advice me.

    Thank you for your attention and looking forward for help.

    I really appreciate your time and look forward to your advice, as to how I can get the professor to pay my wife in a legal way for the research my wife is doing.

    Since I am sustaining on my personal funds, it would be great help if someone can advice me as to how to go about doing this and get paid from the Professor's University Research Grant.

    With Thanks & best regards
    Ram

  • #2
    to the best of my knowledge Anyone who is on F2 dependent visa cannot get paid in any form. if she wants to get paid in a legal way is -

    Option 1
    Do apply for H1-B visa and see if the University is interested to do that. There is a Visa category named O-1 for Research scholars with extraordinary skills - for persons who have done some papers etc... you might want to check with an Immigration lawyer to check and see if she is eligible.(enclosed is the documentation i found on a University website)

    O-1 Visa Category - Extraordinary Ability or Achievement
    This visa is appropriate for a person of "extraordinary ability or achievement" in the sciences, arts, education, business, or athletics, who plans to come to the U.S. to "perform services relating to an event or events". This immigration category may be used for employment at UNLV if the U.S. Citizenship & Immigration Services agrees that the employee meets their criteria for "extraordinary ability". Before UNLV employment may begin, the person must have an O-1 petition approved for the particular UNLV position, and must also hold legal O-1 status.

    Definition:
    In order to qualify for O-1 status, the individual must have extraordinary ability "demonstrated by national or international acclaim".

    Required Documentation for an O-1 Visa
    At least three of the following forms of documentation are required:

    • Documentation of the individual's receipt of nationally or internationally recognized prizes or awards for excellence in the field of endeavor.

    • Documentation of the individual's membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields.

    • Published material in professional journals or major media about the individual, relating to his/her work in the field for which classification is sought, which shall include the title, date, and author of such published material, and any necessary translation.

    • Evidence of the individual's participation on a panel, or individually, as a judge of the work of others in the same or in an allied field of specialization to that for which classification is sought.

    • Evidence of the individual's original scientific or scholarly contributions of major significance in the field.
    • Evidence of the individual's authorship of scholarly articles in the field, in professional journals, or other major media.

    • Evidence that the individual has been employed in a critical or essential capacity for organizations and establishments that have a distinguished reputation.

    • Evidence that the individual has either commanded a high salary or will command a high salary for services, evidenced by contracts or other reliable evidence.

    Please note: The USCIS standard for the O-1 category is very high. Although the regulations state that only three of the above criteria are required, the USCIS usually wants more than that.

    Special Considerations for the O-1 Application
    Event: USCIS states that an event could be a scientific project, conference or academic year. It appears that employment at UNLV could be considered an "event".

    Length of Stay: The individual may remain in the U.S. for the duration of the "event". When filing the petition, the employer (UNLV) specifies the length of time requested for the employment. The first petition filed for the employee may be for any period up to three years. Following that, petitions may be filed for extensions of one year at a time. There is no maximum period of time for the total time spent in O-1 status. If the specified employment ends, then the individual's legal O-1 status also ends.

    Other Important Information: Before submitting the petition to USCIS, the individual must obtain a written "Peer Group Consultation". This is a letter from a "peer group" in the area of the individual's ability stating that they have no objection to this person obtaining O-1 status for employment in the U.S.

    The UNLV department hiring the individual must agree to pay the cost of return travel to the individual's home country, if the employment is terminated early. This requirement will not apply if the individual leaves the position voluntarily, if he/she is terminated at the end of the O-1 petition period, or if he/she does not actually return home

    Unlike the H-1 status, there is no annual quota for the number of O-1 petitions that can be approved each year.

    It is also possible for an individual to apply for an O-1 visa even when he/she is subject to the two-year home country residency requirement resulting from a J-1 visa.

    Initiation of the O-1 Visa Process
    Contact ISS at ext. 5-0143 to obtain specific forms and a listing of specific procedures to initiate the O-1 visa process.



    Option 2
    The university prof can take amount due to her and depoist in his account and then inturn write a check from his personal and pay the amount due to her. But i doubt that the prof. or else the University will go for that.

    Option 3
    Apply for F1 visa and let her enroll for classes and thereby she can work for 20 hours on-campus and thereby she can get 20 hours work done for the Prof and get paid.

    Other than that, she cannot get paid since she is dependent on you
    Hope this helps
    Aneesh.

    Comment


    • #3
      Thank you so much for the information

      Dear Aneesh,
      I really appreciate your effort to help me with the information.
      Thank you so much for your time and effort.

      I will check out the options you suggested with the Professor.

      With regards
      Ram

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