Can a husband apply for a US work visa while wife studies?

Yes, your husband can apply for a work visa in the U.S. while you are studying on a student visa (F-1). However, the type of work visa he can apply for depends on his qualifications, the job offer, and his specific situation. Here are some options for your husband:

1. Dependent Visa (F-2 Visa)

• If you are on an F-1 student visa, your husband can join you as your dependent on an F-2 visa. However, the F-2 visa does not allow your husband to work. The F-2 visa only allows your husband to stay in the U.S. as your dependent while you study.

2. Work Visa Options for Your Husband

If your husband wants to work in the U.S. while you're on an F-1 student visa, he will need to apply for a work visa on his own. Some common options include:

A. H-1B Visa (Specialty Occupation)

• The H-1B visa is a non-immigrant work visa for individuals working in specialty occupations that require at least a bachelor’s degree or equivalent. If your husband has a job offer in the U.S. that meets the H-1B criteria, he can apply for this visa.

• The employer must file the H-1B petition on his behalf, and there is an annual cap on the number of H-1B visas issued. The H-1B visa is typically issued for 3 years, and it can be extended.

• This is one of the most common work visas for foreign professionals in the U.S.

B. L-1 Visa (Intra-Company Transfer)

• If your husband works for a company outside the U.S. and is transferred to a U.S. branch or affiliate of that company, he may be eligible for an L-1 visa (Intra-Company Transferee).

• There are two types of L-1 visas: L-1A for executives and managers, and L-1B for employees with specialized knowledge.

C. O-1 Visa (Individuals with Extraordinary Ability)

• If your husband has extraordinary skills or achievements in his field (such as arts, sciences, education, business, or athletics), he may qualify for an O-1 visa, which allows him to work in the U.S. in his area of expertise.

D. TN Visa (for Canadians and Mexicans)

• If your husband is a Canadian or Mexican citizen, he may be eligible for a TN visa under the United States-Mexico-Canada Agreement (USMCA) (formerly NAFTA) for certain professional occupations, like engineering, teaching, or scientific research.

3. Other Options

• E-2 Visa (Investor Visa): If your husband plans to invest a significant amount of capital in a U.S. business, he might qualify for an E-2 visa. This visa is for foreign nationals who invest in and manage a U.S. enterprise.

• J-1 Visa (Exchange Visitor Program): If your husband is coming to the U.S. as part of a specific cultural or educational exchange program, he might be eligible for a J-1 visa. Some J-1 visa holders can also work in the U.S. under certain conditions.

4. Work While on a Student Visa (F-1)

• While your husband cannot work on an F-2 visa, you (as the F-1 student) may be eligible for certain work options like on-campus employment or Optional Practical Training (OPT) after completing your studies.

In Summary:

Your husband can apply for a work visa (such as the H-1B, L-1, or O-1) while you study in the U.S. on an F-1 visa. However, he will need to meet the requirements for the specific work visa and, in many cases, have a job offer from a U.S. employer who is willing to sponsor him. Additionally, while you are on an F-1 student visa, your husband will typically need to apply for his own visa, as the F-2 dependent visa does not allow him to work.