Last Updated on July 18, 2025 by Anda Malescu
Can E2 visa holder work for another company?
In this article we discuss can E2 visa holder work for another company? The answer is generally no, an E2 visa holder who is the principal investor or E2 employee cannot work for another company.
However, the answer to this question is rather elusive, and under certain circumstances an E2 visa holder may be able to work for another company. Of course, you will not encounter these complex situations every day.
Unlike principal E-2 visa holders (investors or employees), dependent spouses of E2 visa holders can work for any employer, whether full-time, part-time, or even be self-employed.
Since E2 spouses have unrestricted employment, this article focuses solely on whether principal E-2 holders can work for other companies.
E2 Visa Employment Restrictions
The E2 visa holders (investors or employees) can only engage in employment that is consistent with the terms and conditions of their status and the business activity that qualified them for their E2 visa. That is, the E2 visa holders can only engage in work that formed the basis of their visa approval.
This means that if your E2 visa approves you to work for a specific company in a particular role and line of business, you cannot just switch to another company (even another E2 business) or change your position or the activities of the E2 business without prior approval. Doing so without prior approval could be deemed a substantive change to your visa’s terms and conditions. [8 CFR 214.2(e)(8)]
If, however, the E2 investor or employee engages in other activities that did not form the basis for the E2 status, then they will be in violation of the E2 status. For example, in the case Matter of Laigo, the Board of Immigration Appeals found that a self-employed E2 investor who controlled companies engaged in the development of the Philippine Cultural and Trade Center violated her E2 status when she started selling cemetery plots on behalf of another unrelated company in return for commissions.
Working for Subsidiary Companies
An E2 employee visa holder can work for another company if the other company is actually a subsidiary of the E2 company.
In other words, E2 employees can work for other companies, but only if those companies are subsidiaries of their E2 parent company. [8 CFR 214.2(e)(8)]
Working for subsidiaries doesn’t change the terms of your E2 employment, but only if you provided evidence when you got your E2 visa to show:
Working for subsidiaries is not a substantive change in the terms and conditions of your E2 employment only if you provided evidence at the time of application to show:
Contractual Arrangements
Finally, an E2 visa holder, investor or employee cannot generally work for another company. But in situations where working for another company may be possible, the investor or employee must exercise great care because an unauthorized change of employment can render the E2 investor or employee out of lawful status.
In certain cases, E2 visa holders may work for other companies through a contractual arrangement such as a service agreement between the E2 company and the other company. You can do this as long as the services the E2 company offers are similar to the work you will perform for the other company.
Malescu Law can assist
If you as an E2 visa holder want to work for another company, it is important that you immediately seek the advice of an experienced E2 visa lawyer before engaging in employment that is not consistent with the terms and conditions of your E2 status and the activity forming the basis for the E2 visa.
Can E2 visa holder work for another company? Our E2 visa lawyers in Miami, Florida USA can assist you with applying for E2 visa, including E-2 for Australians, E-2 for Canadians and E-2 for UK Citizens,.
We serve individuals and companies throughout the United States across all 50 states, the District of Columbia and Puerto Rico.
Contact us or schedule a consultation.
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