Derivative Beneficiary
A derivative beneficiary is a spouse or unmarried child under 21 who gets immigration status through another person's approved case, called the principal beneficiary, without needing a separate petition.
How it works
Derivatives are common in employment-based green cards, family preference categories (F1 to F4), the diversity visa, and many temporary visas (for example H-4 family of H-1B workers, or L-2 family of L-1 workers).
There is one key exception: immediate relatives of US citizens (spouses, parents, and unmarried children under 21) cannot bring derivatives. A US citizen marrying someone with children must file a separate petition for each child.
If a child turns 21 before getting a green card, they may lose derivative status unless the CSPA age-out rules protect them. See principal applicant and our EB-2 page.
Frequently asked questions
Can my spouse work as a derivative?
It depends on the category. L-2 spouses can work; H-4 spouses need a qualifying H-4 EAD.
What happens if the principal dies?
Some derivatives may still continue under special rules. Talk to a lawyer.
Can I add a new spouse later?
In many preference categories, a spouse married before the principal gets the green card can be added.
Official sources
- State Department: Immigrant visastravel.state.gov
General information, not legal advice. NorthAmericans.com is independent and not affiliated with any government.