Dependent Family Visas: Implications For LGBTQ Spouses

Temporary nonimmigrant workers in H-1B or L-1 status typically can bring their spouses and children with them to the United States in H-4 or L-2 status. An individual will be regarded as a dependent of an H-1B or L-1 if:

1. They are the spouse of someone with a valid H-1B or L-1 visas in a bona fide marriage, or
2. They are the child of an H-1B or L-1 holder and they are under 21 years of age.

To prove the relationship between the H-1B/L-1 nonimmigrant and H-4/L-2, the dependent will need to submit a copy of a marriage certificate if they are the spouse of an H-1B/L-1 or submit a birth certificate if they are the dependent child of the H-1B/L-1 nonimmigrant worker.

What does this mean for LGBTQ individuals? In 2013, the Supreme Court found that section 3 of the Defense of Marriage Act (DOMA) was unconstitutional, and President Barack Obama directed U.S. Citizenship and Immigration Services (USCIS) to review immigration visa petitions filed on behalf of a