Understanding the Work Rights of Spousal Visas in the United States

When it comes to immigration to the United States, the process can be complex and filled with numerous questions. One of the most common inquiries revolves around the work rights of individuals who have obtained a spousal visa. This article aims to clarify whether foreign spouses can work in the U.S. on a spousal visa and provide a comprehensive overview of the topic.

What is a Spousal Visa?

A spousal visa, formally known as a K-1 or K-3 visa, is a non-immigrant visa that allows a U.S. citizen to bring their foreign spouse to the United States for marriage. The K-1 visa is for fiancés, while the K-3 visa is for spouses of U.S. citizens who are already legally married.

Work Rights for K-1 Visa Holders

Upon entering the United States on a K-1 visa, the holder is not authorized to work. The primary purpose of this visa is to allow the fiancé to marry their U.S. citizen spouse within 90 days. However, there is an exception to this rule.

After the marriage has taken place, the K-1 visa holder can apply for a change of status to a K-3 visa. This change of status allows the spouse to work in the United States. The K-3 visa is valid for two years and can be extended if the marriage continues.

Work Rights for K-3 Visa Holders

Once a K-3 visa holder is in the United States, they have the right to work. This means that they can seek employment and apply for social security numbers, which are necessary for employment. It’s important to note that the K-3 visa holder must maintain a valid status to continue working in the U.S.

Employment Restrictions

While K-3 visa holders have the right to work, there are certain restrictions. They cannot work for the U.S. government or any agency that requires a security clearance. Additionally, they cannot work in certain sensitive industries that may pose a risk to national security.

Green Card Application

Spousal visa holders can apply for a green card, which is a permanent resident status. Once granted, the holder can work without restrictions and enjoy all the benefits of a permanent resident, including the right to work in any job without a security clearance issue.

Conclusion

In conclusion, foreign spouses on a spousal visa, specifically K-3 visa holders, have the right to work in the United States. However, the process to obtain this right involves a change of status after marriage. It’s important for individuals in this situation to understand the visa’s terms and conditions to ensure compliance with U.S. immigration laws.