The E2 visa offers a great perk ā it allows spouses of the main visa holder to join them in the US through a derivative E2 visa.
These spouses can stay in the US for the same duration as their partner. They can also work in the US with a E2 visa work authorization, and the work rules are less strict compared to the main E2 visa holder.
In this guide, we will break down the current rules for E2 visa spouses who want to work in the US.
Is It Possible For Spouses On An E2 Visa To Be Employed?
Yes, it is very possible.
While the E-2 visa holder’s employment is typically limited to the E2 company, E2 spouses enjoy (with certain exceptions) much broader work opportunities. For example:
- They can work for the E2 business.
- Establish their own business.
- Seek employment with another organization.
Regulations Regarding E2 Visa Work Authorization For Spouses
In 2021, the official US immigration guidelines changed. Spouses granted E2 derivative status now automatically receive work authorization alongside their visa.
To put it in simpler words, E2 spouses are no longer obligated to apply for a separate E2 visa work authorization to secure employment or work in the US. However, they may choose to do so for the sake of providing evidence of their legal working status.
Proof Of E2 Visa Work Authorization For Employers
E2 employees may find it necessary to give documentation issued by the Department of Homeland Security (DHS) as evidence of their E2 Visa Work Authorization for their US employer.
This documentation plays a crucial role when the employer completes Form I-9, which serves to verify the worker’s identity and employment eligibility for individuals hired within the United States.
Here are some examples of acceptable proof of E2 Visa Work Authorization for spouses:
- A currently valid Form I-94 that features the new admission code E2S, indicating their nonimmigrant status.
- A valid Form I-94, coupled with a notice issued by USCIS confirming the assignment of the new admission code.
- A valid Employment Authorization Document (EAD), specifically Form I-766.
- An expired EAD, supported by documentation demonstrating eligibility for automatic extension.
Spouses qualify for this last requirement if they:
- Submit their renewal application on time with Form I-765 and it is based on the same E visa status, and
- Can show a valid Form I-94 proving their E2 or E2S status.
Starting from May 2022, the Department of Homeland Security (DHS) has extended the automatic extension period to 360 days (before it was 180 days). This means they can extend their work authorization for up to a total of 540 days.
What Happens To Dependent Children Under The E2 Visa?
While minor children of E2 visa holders can apply as dependents to join their parents in the United States, they are not eligible to work for compensation. However, they are permitted to attend either public or private schools while maintaining their E2 visa status, similar to spouses.
When these dependent children reach the age of 21, they must proactively seek permission to continue residing or studying in the US.
A common option for former E2 dependents is to apply for the F1 student visa. There may also meet the criteria to become E2 visa holders in their own right, if they own 50% of the E2 business.
Take Action To Get Your E2 Visa Work Authorization
We are dedicated to handling every facet of the E2 visa, providing comprehensive assistance to applicants throughout the USCIS application procedures.Ā Contact us today at (305) 921-0976, [email protected], or WhatsApp atĀ +1 (305) 921-0976 to get your E2 Visa Work Authorization and start working in the US.
