The E-2 Visa and Spouses – What Are Their Work Rights?

As an attorney specializing in immigration law, I often receive questions about the relation between the E-2 Visa and spouses. Many of my clients basically want to know what work rights their spouse will have if they obtain an E-2 Visa. In this article, I will provide an overview of the E-2 Visa, discuss the work rights of spouses of E-2 Visa holders, and explain how I can assist you in navigating the application process.

Understanding the E-2 Visa

The E-2 Visa is a non-immigrant visa that allows foreign investors from treaty countries to enter and work in the United States based on a substantial investment in a U.S. business. To qualify for an E-2 Visa, the applicant must:

• Be a national of a treaty country
• Have invested or be in the process of investing a substantial amount of capital in a U.S. business
• Be seeking entry to the United States solely to develop and direct the business

The E-2 Visa and Spouses

When an individual obtains an E-2 Visa, their spouse and unmarried children under the age of 21 are eligible for E-2 dependent visas. This allows them to accompany the E-2 Visa holder to the United States and live with them for the duration of the visa. However, many spouses are concerned about their work rights while in the U.S. on an E-2 dependent visa.

Work Rights for E-2 Visa Spouses

The good news is that spouses of E-2 Visa holders are eligible to apply for employment authorization. This means they can work in the United States without restrictions on the type of job for which they can apply or the number of hours they can work. To obtain employment authorization, the E-2 Visa spouse must:

1. Be in the United States in E-2 dependent status
2. File Form I-765, Application for Employment Authorization, with the U.S. Citizenship and Immigration Services (USCIS)
3. Receive an Employment Authorization Document (EAD) from the USCIS

Once the E-2 Visa spouse receives their EAD, they can work for any employer in the United States, start their own business, or even work as an independent contractor. The EAD is typically valid for the same duration as the E-2 Visa and can be renewed as long as the E-2 Visa remains valid.

The E-2 Visa and Spouses – Additional Benefits and Considerations

Apart from work rights, spouses of E-2 Visa holders can also enjoy other benefits and opportunities while living in the United States. These include:

• Education: Spouses can enroll in academic or vocational courses at colleges and universities across the country. They can pursue a degree, certificate, or simply take classes for personal enrichment.
• Travel: Spouses can travel in and out of the United States as long as their E-2 dependent status remains valid. This flexibility allows them to visit their home country and other destinations without jeopardizing their immigration status.
• Social Security Number: Once they have obtained their Employment Authorization Document (EAD), E-2 Visa spouses can apply for a Social Security Number (SSN). This number is essential for various purposes, including opening bank accounts, obtaining a driver’s license, and filing taxes.
• Community Involvement: Living in the United States provides E-2 Visa spouses with the opportunity to become involved in their local community, allowing them to make new connections and enrich their experience in the country.

Why Choose Me as Your Immigration Attorney

When it comes to navigating the complexities of the E-2 Visa, you need an attorney who is knowledgeable, experienced, and dedicated to your success. I have extensive experience in immigration law and have helped numerous clients obtain their E-2 Visas and secure work authorization for their spouses.

My approach is personalized and tailored to each client’s unique situation. I take the time to understand your specific needs and goals and work diligently to ensure a successful outcome. By choosing me as your immigration attorney, you can feel confident that your case will be handled with the utmost care and attention to detail.

If you are considering an E-2 Visa and want to learn more about the work rights available to your spouse, do not hesitate to contact me. I am here to help you navigate the process and achieve your immigration goals. Let me help you turn your American dream into a reality for you and your spouse. Call me at (305) 921-0976, or email me at romy@juradolawfirm.com today.

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