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TN, E-3, and O-1 Dependents

Your spouse and unmarried children under the age of 21 may join you in the US as your dependent. The dependents statuses are as follows:


E-3: E-3D

O-1: O-3

Generally, individuals in a dependent status may remain in the US for the same period as their main status holders, provided the proper extensions requests are filed with USCIS in those instances where the main status holder receives an extension.

Individuals in TD and O-3 status may study but may not work. Individuals in E-3D status may study and may work. To be eligible to work, an individual in E-3D status will need to obtain an EAD (Employment Authorization Document) from USCIS by filing an I-765 Form. The filing fee for this form is $380.

If your dependents are currently abroad, they can apply for their dependent visa on the basis of your status documents and proof of their relationship to you. If they are currently in the US in a different immigration status, a change of immigration status will need to be filed on their behalf. This is done by filing a Form I-539 with USCIS. Your dependents will have to complete this form, though ISS can send it to USCIS together with your status petition.

Your dependent may also file this form independently once your petition has been filed with USCIS. The filing fee for Form I-539 is $290.