In most cases the spouse and unmarried, minor children of an applicant under any of the above classifications may also be classified as nonimmigrants in order to accompany or join the principal applicant. A person who has received a visa as the spouse or child of a temporary worker may not accept employment in the United States. The principal applicant must be able to show that he or she will be able to support his or her family in the United States.
All of the above classifications have fixed time limits in which aliens may perform services in the United States. In some cases those time limits may be extended in order to permit the completion of the services. Thereafter, the alien must remain abroad for a fixed period of time before being readmitted as a temporary worker under any classification. USCIS will notify the petitioner on USCIS Form I-797, Notice of Action, whenever a visa petition, an extension of a visa petition, or an extension of stay is approved under any of the above classifications. The beneficiary must utilize the original USCIS Form I-797, Notice of Action, to apply for a new visa during the validity period of the petition. The approval of a permanent labor certification or the filing of a preference petition for an alien who is present in H-1 or L-1 classification shall not be a basis for denying a visa.
