This article discusses can spouse, husband or wife, work on E2 visa? The answer is yes, a spouse of an E2 visa holder can work in the United States. In fact, a spouse on E2 visa can work without restriction in the United States meaning that he or she can work for any employer, a US or foreign company and even the principal E2 business, part-time of full time, and can even start a new business and work for their own company and be self-employed.
However, keep in mind that unlike spouses, children on E2 visa cannot work in the United States.
Moreover, the spouse on E2 visa is considered employment authorized incident to status, meaning that the spouse is not required to apply for employment authorization prior to starting any work in the United States.
However, this was not always the case. In the recent past, the spouse could work on an E2 visa only after he or she applied for a work authorization with the Unites States Citizenship and Immigration Services (USCIS) and USCIS approved the work authorization.
While now the spouse can work on E2 visa without first obtaining a work permit from USCIS, the spouse can still apply for a work Employment Authorization Document (EAD) if he or she chooses to do so. In other words, obtaining a work employment authorization is optional for spouses looking to work in the United States on an E2 visa.
If the spouse obtains the employment authorization, then the spouse can present the EAD to employers as proof of both identity and employment authorization to work in the United States acceptable under List A of the Employment Eligibility Verification form (Form I-9).
If the spouse does not obtain the employment authorization prior to the employment start date, then the spouse can use the electronic Form I-94 and present it to employers as evidence of employment authorization to work in the United States under List C of Form I-9.
It is also important to note that the nationality of the spouse of an E2 visa holder does not need to be the same as the E2 treaty investor or employee in order to be able to work on an E2 visa. It is permitted for a spouse to accept employment in the US and work without restrictions on an E2 visa, regardless of whether he or she is a citizen of the same country as the principal E2 visa holder or is a citizen of any other third country including a country that does not have an E2 treaty with the United States.
In other words, if the spouse is a citizen of a country that does not have an E2 treaty, the spouse can still work in the US on an E2 visa and does not need to pursue a different visa category that allows employment. For example, if you are a citizen of India (India does not have an E2 treaty with the US) and you are the spouse of a principal E2 visa holder who is a citizen of the UK (UK is an E2 treaty country), then you can work on the E2 visa you received as a dependent of the principal E2 visa holder spouse who is a UK citizen.
Finally, while the spouse is permitted to work on a E2 visa in the United States, the spouse can also study on a full-time basis in the US and attend private or public schools and universities without requesting a change of status to a student visa such as F-1, M-1 or J-1 visa.
Can a spouse, husband or wife, work on E2 visa? Our E2 visa lawyers in Miami, Florida USA can assist you with the E2 visa, understanding the status of the spouses or children of E2 visa holders and whether the spouse can work on a E2 visa. Contact us today to schedule an appointment.
Malescu Law P.A. – Immigration Lawyers