The partner at home
If you moved for your partner’s job, the first year can be harder for you than for them. In the US, whether you can work depends entirely on your own visa, and the rules differ sharply between visa types.
In 30 seconds
- L-2 and E-2 spouses can work from day one: the “S” note on the I-94 is the proof. H-4 spouses can work only with a work permit (EAD), and only in some cases
- Since 30 October 2025, most EAD renewals no longer get an automatic extension, so file early and expect a possible gap
- Get any professional licence started early, and plan your week before loneliness plans it for you
Can you work?
Your right to work comes from your own immigration status, not your partner’s job offer. Spouses and children usually hold a “derivative” status: a status that depends on the main visa holder’s. Check the letters on your I-94 (the online arrival record from US Customs and Border Protection) and your visa stamp.
| Your status | Can you work? |
|---|---|
| L-2 spouse (partner on an L-1 intra-company transfer) | Yes, “incident to status”: you’re allowed to work because of your status itself. You don’t need to apply for a permit |
| E-2 spouse (partner on an E-2 treaty investor or employee visa; the UK is a treaty country) | Yes, incident to status, as for L-2 |
| H-4 spouse (partner on an H-1B) | Only with an Employment Authorization Document (EAD), and only if your partner has an approved I-140 immigrant petition or an AC21 extension beyond the usual 6 years |
| J-2 spouse (partner on a J-1 exchange visa) | Yes, once USCIS approves an EAD (Form I-765, category c(5)). Your income can’t be used to support the J-1 holder |
| F-2 spouse (partner is a student) | No. You may study part-time |
| Visitor (ESTA or B-2) while you wait | No. You can look for jobs and attend interviews, but you can’t work |
More detail on each route: Visa routes to the USA.
L-2 and E-2 spouses: the “S” on your I-94
Since a 2021 court settlement, USCIS treats L-2 and E-2 spouses as allowed to work without a separate permit. From 31 January 2022, CBP started marking spouses’ I-94s with an “S” (for example “L-2S” or “E-2S”). An employer can accept that I-94 as proof you can work on Form I-9, the right-to-work check every new employee completes.
- Download your I-94 from the CBP website after you arrive and check the class of admission shows the “S”
- If it doesn’t, ask CBP to correct it, or apply for an EAD instead: without one or the other, an employer can’t accept you
- Your right to work ends when your I-94 ends, so keep extensions in step with your partner’s
H-4 spouses: the H-4 EAD
Most H-4 spouses can’t work at first. You become eligible for an EAD only once your H-1B partner is the main beneficiary of an approved Form I-140 (a green card petition), or holds H-1B time beyond 6 years under AC21. You then file Form I-765 and can start work only once the card arrives.
- The fee is $520 by post (about £385). USCIS lists $470 for online filing, but H-4 applicants have been told to file by post: check the current instructions
- The EAD normally ends on the same date as your H-4 I-94
- Renewals filed on or after 30 October 2025 no longer get the automatic extension of up to 540 days. You can file up to 180 days before expiry. Practitioners reported waits of roughly 6 to 15 months in mid-2026
- Filing your renewal together with your partner’s H-1B extension has often been quicker
Getting your skills recognised
Many jobs need a state licence even when your status lets you work: nursing, teaching, law, accountancy, medicine and many trades. Rules are set state by state. See Getting your qualifications recognised and Finding a job in the USA.
- Get UK references and transcripts now, while former employers are easy to reach
- Order certified copies of certificates before you leave
- A credential evaluation (a report converting UK qualifications into US equivalents) is often the first step
- Volunteering or a short local course can give you a US reference for your résumé (CV)
Money while one of you earns
If you can’t work yet, you won’t have your own US income or credit record. Ask to be added as an authorised user on your partner’s credit card so you start building a history: see Building a US credit score. If you can’t get a Social Security number, you may need an ITIN (Individual Taxpayer Identification Number) for a joint tax return: see Social Security numbers and US tax.
Building a routine
Partners often say the hardest part is the gap between the excitement of arriving and having a reason to leave the house. What helps:
- Fix two or three regular commitments in your first fortnight: a class, a sports club, a volunteering shift
- Take over one “settling in” project, such as the house hunt or school research, so you meet people through it
- Keep a set time to talk to family in the UK that suits both time zones
- Agree how money and big decisions work while only one of you earns
- Give it a date: plan to review how you’re feeling after 3 and 6 months
Finding your people
Schools, libraries, community centres, places of worship and volunteer groups are the usual starting points. Ideas: Making friends in the USA.
What to do next
- Check your I-94 online and see exactly what your status allows
- If you’re on H-4, ask your partner’s employer when the I-140 will be filed
- Start any state licence application before you need it
Keep going
- USCIS: Employment authorization for certain H-4 dependent spouses
- USCIS: FAQs, employment authorization for certain H-4 dependent spouses
- USCIS: Policy alert on employment authorization for E, L and H-4 spouses (Nov 2021)
- Visa Lawyer Blog: CBP issuing work-authorised I-94s for E and L spouses from 31 January 2022
- USCIS Handbook for Employers (M-274): automatic extensions of EADs
- HSF Kramer: DHS ends automatic extension of most EADs (Oct 2025)
- RN Law Group: Will the H-4 EAD be eliminated? The 2026 regulatory agenda (2026)
- USCIS: Form I-765 instructions
- Lighthouse: I-765 filing fee guide (2026)
- BridgeUSA (State Department): About the J-2 visa
- USCIS Policy Manual: Family members of J-1 exchange visitors
- USCIS I-9 Central: Not all nonimmigrants are eligible to work
- Study in the States (DHS): Bringing dependents to the United States
