F-1 student visa holders may bring dependents like their spouses and minor children to the United States. Just like F-1 students, given that all the required documents are submitted, F-2 dependents will be issued Form I-20s from the school.
(15) Spouse and children of F-1 student. The F-2 spouse and minor children of an F-1 student shall each be issued an individual SEVIS Form I-20 in accordance with the provisions of §214.3(k).
8 CFR 214.2(f)(15)
For F-1 students and F-2 dependents, it is important to understand that the immigration regulation for F-2 is different from the F-1’s. Big differences can be found in the eligibility to work and study while their stay in the United States.
In this blog post, I will share related immigration regulations to answer two frequently asked questions regarding the F-2 holders:
- Can an F2 visa holder spouse work in the U.S.?
- Can an F2 visa holder study in the U.S.? If so, for postsecondary level classes, can it be transferred?
All other important immigration rules for F-1 students can be found on the F-1 visa page.
Contents
Can an F2 visa spouse work in the U.S.?
Firstly, the immigration regulation on F-2 employment is rather clear:
The F-2 spouse and children of an F-1 student may not accept employment.
8 CFR 214.2(f)(15)(i)
Therefore, the overarching guideline for F2 dependent is not to work while they reside in the United States as an F-2 visa holder to avoid violating their nonimmigrant status.
Can an F2 visa spouse study in the U.S.?
Then, can F2 spouses and children study in the United States? The immigration regulations have different rules for a different levels of study. For example, 8 CFR 214.2(f)(15)(ii)(B) says F-2 children may attend K-12 (Kindergarten to the 12th grade) full time, per the compulsory education requirements.
(B) F-2 elementary or secondary study. An F-2 child may engage in full-time study, including any full course of study, in any elementary or secondary school (kindergarten through twelfth grade).
8 CFR 214.2(f)(15)(ii)(B)
When it comes to post-secondary/vocational study, it is important to discern what type of classes F-2 holders would like to take. Based on the class type, classes can be categorized into two:
- Classes that are avocational or recreational in nature
- Other classes that can be counted toward a degree
Here, “avocational or recreational” can be interpreted as something that is to pursue a hobby. English as Second Language courses (ESL), Zoomba, or choir classes can be great examples. F-2 dependents can take these “avocational or recreational” classes “up to and including on a full-time basis.“
(2) Full Course of Study. Subject to paragraphs (f)(15)(ii)(B) and (18) of this section, an F-2 spouse and child may engage in a full course of study only by applying for and obtaining a change of status to F-1, M-1 or J-1 nonimmigrant status, as appropriate, before beginning a full course of study. An F-2 spouse and child may engage in study that is avocational or recreational in nature, up to and including on a full-time basis.
8 CFR 214.2(f)(15)(ii)(A)(2)
On the contrary, if the courses that F-2s plan to take are part of the curriculum to get a degree, they “may enroll in less than a full course of study.” As you already know, for undergraduate students, 12 credits are considered as a full course load. For graduate students, usually, 9 credits are considered full-time enrollment.
(1) Authorized Study at SEVP-Certified Schools. An F-2 spouse or F-2 child may enroll in less than a full course of study, … at an SEVP-certified school. Notwithstanding paragraphs (f)(6)(i)(B) and (m)(9)(i) of this section, study at an undergraduate college or university or at a community college or junior college is not a full course of study solely because the F-2 nonimmigrant is engaging in a lesser course load to complete a course of study during the current term.
8 CFR 214.2(f)(15)(ii)(A)(1)
It is also worth mentioning that elementary or secondary schools that F-2s plan to attend do not have to be SEVP-certified while post-secondary institutions should be SEVP-certified.
Now F-1 or F-2 visa holders may have several follow-up questions regarding F-2s taking classes. In the next paragraphs, I am going to address more detailed questions regarding credit transfer for students who plan to change their statuses from F-2 to F-1 as well as estimated tuition and fees for F-2 students.
Can classes be transferred when an F-2 visa holder changes his or her status to the F-1?
First and foremost, immigration regulation clearly states that F-2 visa holders can study (classes that can lead to a degree) full-time only when the change of status request from F-2 visa to F-1 visa is approved:
(2) Full Course of Study. … an F-2 spouse and child may engage in a full course of study only by applying for and obtaining a change of status to F-1, M-1 or J-1 nonimmigrant status, as appropriate, before beginning a full course of study.
8 CFR 214.2(f)(15)(ii)(A)(2)
When your change of status (COS) is approved and you are admitted by the university/college, the transfer coordinator at your institution can review your transcripts to see how many credits can be transferred.
Tuition and fees
More often than not, universities and colleges in the United States have two types of tuition and fees structures:
- Tuition and fees for state residents
- Tuition and fees for out-of-state residents
In-state tuition and fees are charged to students who have residency in the state (who have paid taxes in that state). For this reason, international students are subject to pay out-of-state fees in most cases. Out-of-state fees can be also broken down based on the number of credits that students plan to take for each semester.
Therefore, F-2 tuition and fees can be estimated based on the out-of-state tuition and fees per credit multiplied by the number of credits that you would like to register for the semester (out-of-state tuition per credit * number of classes).
Hope this blog post helps F-1 students and F-2 visa holders who wanted to see if they can study or work in the United States. All other important information that F-1 students should be aware of can be found on the F-1 visa page. To explore employment authorization programs for international students, go to OPT or STEM OPT pages.
