Visa category comparison
Dependent Permissions and Activities
Dependents may have the opportunity to take part in a variety of events and activities during their time in the US, including studying, working or volunteering, or other child care. Learn more about these rules and opportunities below.
Travel permissions and staying in the US
As a dependent, your ability to stay in the US is tied to the start dates, end dates, and maintenance of valid status of the principal alien. If the principal alien ends their program or employment at the University and leaves the US, the dependent(s) must also leave. Similarly, if the principal alien leaves the US for an extended period of time (typically more than 4 weeks), dependents are expected to accompany the principal while they are out of the country. Visit our Visa Categories page for additional details.
Study permissions
Dependents may have the option to study during their stay in the United States depending on their individual circumstances and status. Your primary reason for staying in the United States must not become the completion of any course of study; each dependent status is directly tied to the principal’s status and primary purpose of stay.
Be cautious when considering enrolling in any type of class or program of study. We recommend discussing any planned study with an ISO advisor well in advance to ensure the status of both the principal and any dependent(s) are not jeopardized.
In general, F-2 dependent spouses may enroll in classes that are for a hobby or aren’t vocational in nature, such as English learning.
F-2 dependents are permitted to study part-time as long as the school is approved by the Student Exchange Visitor Program (SEVP) to host F-1 or M-1 students. You may be able to enroll in a degree program or take courses toward the completion of a degree prior to changing to an F-1 or J-1 student category.
Contact ISO to speak with an advisor about these permissions.
J-2 and H-4 dependent spouses are allowed to participate in part-time or full-time study. However, if you are accepted into a full-time program of study, ISO strongly recommends applying for a change of status to an appropriate student visa.
H-4 dependents must consult with an International Scholar Advisor before changing to a student status.
F-2, J-2, and H-4 dependent children may attend elementary and secondary school.
In the United States, children between the ages of 5 and 16 are required to attend school. Most children remain enrolled through the age of 17 or 18, after completing 13 years of primary and secondary education.
Public schools
Your children can attend public schools free of charge. To enroll your child in school, you need to show their:
- Birth certificate
- School records or transcripts
- Documented proof of immunizations
- Proof of residency (such as a recent utility bill addressed to your current residence)
The appropriate school is determined by where you live. For example, with regard to University housing:
- Whipple Park residents attend Rush Henrietta School District
- Goler House residents (or nearby) attend Rochester City School District
Private schools
Private schools charge for enrollment. There are a variety of options in the Rochester area to fit your lifestyle and religious beliefs. Private schools often offer smaller class sizes with lower teacher-to-student ratios, so students can receive the one-on-one attention they may need.
F-2 children may study part-time at a college that is certified by SEVP but must change to a primary student category to enroll full-time.
J-2 and H-4 children may enroll and study in college but won’t be able to maintain a dependent status once they reach the age of 21.
Work and volunteer permissions
Eligibility for work permission varies by the immigration category. Please discuss your work or volunteer plans with an ISO advisor first, and reference our Work vs. Volunteer definitions to ensure you’re in compliance.
Work permission eligibility
F-2, J-2 children, H-4, TD-1, and O-3 dependents are NOT eligible for US work permission. Employment without appropriate authorization is a serious and immediate violation of status. If you receive a job offer, you’ll need to discuss visa sponsorship for an employment-based category with your potential employer. Notify ISO if you change your status.
J-2 dependent spouses are eligible to apply for employment authorization from the US Citizenship and Immigration Service (USCIS).
You may only apply for work permission once you are in valid J-2 status (either by travel or Change of Status) and may NOT begin employment until you have received the Employment Authorization Document (EAD card). This application requires a fee and can take three months or longer to process. You’ll need to provide a copy of your approved EAD card to the ISO.
For details and application procedures, see our J-2 Employment Authorization handout (PDF). A US Social Security Number can be requested as part of your application to USCIS or when your work authorization has been approved.
Dependents of J-1 scholars must apply for work authorization before beginning any activity which may be viewed as work, regardless of whether payment will or will not be received.
When in doubt, meet with an ISO advisor before beginning any employment or volunteer activities.
Dependents of H-1B, O-1, and TN employees must be careful not to complicate or disrupt any other immigration petitions or benefits that may be in progress. Volunteer activities can complicate these procedures.
You must NOT engage in any activities, volunteer or otherwise, without discussing your plans in detail with an ISO advisor beforehand.
Volunteer eligibility
Dependents of F-1 and J-1 students may volunteer under strict conditions and should speak with an ISO advisor prior to engaging in the activity.
Volunteer activities require that:
- You are not receiving any kind of payment or benefit for the services you provide.
- The organization does not usually pay someone to do the same kind of work.
- The company should not be a private, for-profit employer.
If these conditions are met, get a letter or other document from the organization confirming that your activities there are unpaid and voluntary.
Review the definition of work versus the definition of volunteer.
Childcare for dependent children
It’s important that you follow childcare rules for your dependent children. Explore guidance in the drop-downs below.
It is illegal in the United States to leave children or babies unattended in a home, hotel, or car by themselves. Leaving a child unattended can bring charges of negligence or “endangering the welfare of a child”.
If you must leave your child temporarily, arrange for someone else to care for them. An adult or responsible older child (usually 12 years or older) should be supervising the child’s activities.
If you are concerned about the welfare of a child or suspect the possibility of neglect or abuse, you can call the New York Child Abuse and Neglect Hotline at +1-800-342-3720 (24-hour toll-free number).
If your child is too young to enroll in elementary school, consider daycare, nursery, or preschool. Such programs provide socialization and activities with adult supervision during the day.
There are a variety of services in this area. Some may have more flexible schedules than others, or offer different class sizes, structure, or fees. Be sure to research your choices to find a childcare provider that suits your needs.
To find a qualified and licensed facility, use the New York State Office of Children and Family Services search tool.
When visiting a childcare facility, ask the following questions:
- Is the facility licensed or registered with the state government? If so, ask to see a copy of the latest inspection report.
- Can you visit the facility during operating hours before registering your child?
- Once your child is registered, will you be able to visit at any time?
- Is there a written daily schedule that includes activities?
- Is there indoor and outdoor play and are children always supervised?
- Is each child assigned to one caregiver who is primarily responsible for them?
- Is there a written discipline policy?
- Is smoking banned from the facility?
- Are there written policies for the care of sick children?
- Will the caregivers give prescribed medicine to your children?
- Does a pediatrician or nurse serve as a consultant to the childcare program?
- Do staff members have training in child development?
- Have childcare workers received up to date first aid and CPR training?
- How long have the supervisors and caregivers been employed there?
- Can you get recommendations from parents who use the program and from parents whose child has “graduated” from the facility or moved to another center?
Look for the following at a childcare facility:
- Diaper changing areas with sink well within the caregiver’s reach
- Cubbies, lockers or other places to store children’s personal belongings
- Caregivers wash their hands after wiping a child’s nose
- Infants are fed sitting up, with an adult present during meals and snacks
- Plenty of age-appropriate toys for all the children
- An outdoor play area free of sharp edges, pinch point, sharp rocks and ditches
- Impact absorbing material, such as wood chips, rubber mats or loosely packed sand in all areas where children are likely to fall
- Adults supervise outdoor play
Many children in the US attend camps and other organized activities during school breaks and over the summer months. Camps often specialize in different areas, such as sports, arts, or educational learning. Search online for summer day camps in our area, or ask other parents with children for more information.