So, you’ve landed a sweet nursing gig in the USA with your TN visa. Congrats! But now, the burning question: Can your spouse work while you’re living the American dream? The short answer: Not directly on the TN visa, but don’t fret—there are options! Let’s break down how your partner can legally earn a paycheck and stay busy while you’re saving lives.
The TN Visa and Spousal Restrictions
Unfortunately, your TN visa doesn’t automatically give your spouse the green light to work in the U.S. The TN visa is non-immigrant and profession-specific, which means your partner can’t tag along with their own career by default. However, they can still come to the U.S. on a TD (Trade Dependent) visa—which is perfect for hanging out in the U.S. legally, but not so great for job hunting because the TD visa doesn’t permit work. But before the panic sets in, let’s explore some options!
Work Visa Options for Spouses
While the TD visa doesn’t allow employment, there are other visa options your spouse can consider if they want to work in the U.S. Here are some paths they could take:
1. H-1B Visa (Work Visa for Specialty Occupations)
- What’s the deal? If your spouse has a job offer from a U.S. employer in a specialty occupation (think jobs requiring at least a bachelor’s degree), they may qualify for an H-1B visa. This is one of the most common work visas and could be a great way for them to get in the job market.
- The catch: The H-1B visa has an annual cap, so timing is everything. They’ll need an employer willing to sponsor them, and spots fill up quickly!
2. L-1 Visa (Intra-Company Transfer)
- What’s the deal? If your spouse works for a multinational company with a branch in the U.S., they may be eligible for an L-1 visa. This visa is for intra-company transfers, allowing them to move to a U.S. office of their current employer.
- The catch: Not all companies qualify, and they’ll need to have worked for the company abroad for at least one year.
3. F-1 Visa (Student Visa)
- What’s the deal? If your spouse decides to hit the books instead of the office, they can apply for an F-1 visa to attend school in the U.S. Better yet, F-1 students can work on-campus during their studies and may qualify for Optional Practical Training (OPT) after graduation, giving them up to a year of work authorization in their field of study.
- The catch: Your spouse will need to enroll in a full-time educational program, and off-campus work is restricted without OPT approval.
4. E-2 Visa (Investor Visa)
- What’s the deal? If your spouse is entrepreneurial, they might want to explore the E-2 visa, which is for investors from countries with a treaty of commerce with the U.S. They could invest in a new or existing U.S. business and work as part of managing that business.
- The catch: Your spouse will need to make a significant investment in a bona fide U.S. business, and the E-2 visa is only available to citizens of certain countries (Canada and Mexico are eligible).
5. O-1 Visa (Individuals with Extraordinary Ability or Achievement)
- What’s the deal? If your spouse is a superstar in their field (think scientists, artists, athletes, or business leaders), they may qualify for an O-1 visa, which is for people with extraordinary abilities. This visa requires proof of exceptional achievements and recognition.
- The catch: This one has high requirements, so it’s only for those with seriously impressive resumes and industry recognition.
Alternatives to Working
If your spouse isn’t eligible for a work visa right away, there are still ways to stay productive and engaged. The TD visa allows your partner to live in the U.S., so they can:
- Volunteer: Many organizations welcome volunteers, and while this won’t bring in a paycheck, it’s a great way to meet people and contribute to the community.
- Study: Your spouse can pursue part-time studies in areas of interest (though, remember, full-time studies would require an F-1 visa).
- Freelance Remotely: If they work in a profession that allows remote work for non-U.S. clients, they could continue their career without violating visa restrictions. You will need to contact an immigration lawyer to make sure everything is legal, though.
Final Thoughts
While the TN visa doesn’t directly allow spouses to work, there are plenty of visa options that can open up opportunities for them. Whether it’s pursuing an H-1B or getting an L-1 transfer, the path to employment in the U.S. can still be a possibility for your partner.
In the meantime, IntelliStaff Medical is here to help you make the transition as smooth as possible so that both you and your spouse can enjoy the adventure of living and working in the U.S.!
Need help navigating these options? Reach out to IntelliStaff Medical for guidance every step of the way.
