Updated on 24.02.2021

School or university in the USA for accompanying family

Would your child or your employee's family members like to go to school or university in the USA? In this case, an F-1 visa is usually required.

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Visa holders often intend to travel to the USA together with their family members. An important aspect during the stay in the United States is that spouses and children are allowed to attend an educational institution. But what do families or companies that send their employees and their families to the United States need to consider and what (visa) options are there for attending an educational institution in the United States?

Visa options for accompanying family members

Which visa is eligible and which requirements must be met depends on several factors (including the type of visa of the main applicant, duration of attendance at the educational institution, etc.).

In principle, accompanying family members, i.e. spouses and children, have the following options:

1. f-1 visa

In most cases, a F-1 visa required. This visa allows you to attend a SEVIS-registered academic / scientific educational institution in the USA (e.g. university, college, high school, language school, etc.).

The F-1 visa is valid for the entire duration of a study or educational stay in the USA. However, it is not important how long the spouse and children will attend school in the USA or whether they will receive credits.

F-1 visa holders may not attend a public elementary school, middle school up to and including 8th grade, or public high school for more than 1 year.

The transfer of guardianship or guardianship to a person in the United States or admission to a school does not change this provision.

2. ESTA or B visa

If your child or the child of your employee is only staying in the USA for a short period of time or is attending a school for a short time as part of a student exchange program that focuses on cultural exchange, the visa requirement may not apply.

Spouses who attend a non-academic language course at an American language school, for example, may also consider the visa-free entry with ESTA.

Requirements for students:

they are not enrolled at the American school in question,
they do not receive any academic credits and
the lessons do not take longer than 18 hours per week

Persons who are excluded from the Visa Waiver Program (e.g. due to their nationality) can alternatively apply for a B-1 / B-2 visa.

3. derived US visa

If you have a US work visa yourself or if your employees have a work visa, family members can apply for a derived visa.

This means that spouses and unmarried children under the age of 21 are entitled to attend a public or private educational institution (school, university, etc.) in the USA.

If the child is 21 years of age or older (and thus has reached the American age of majority) or is married, a separate US visa – usually an F-1 visa – must be applied for in order to attend a US educational institution (high school, American university, etc.).

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Updated on 24.02.2021

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