Is My Spouse Allowed to Work While Being on E2 Visa?

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How to get Employment Authorization Card for your spouse?

The E-2 nonimmigrant visa allows a national of a treaty country to enter and work in the USA when investing a substantial amount of capital in the U.S. business. In fact, this type of visa belongs to the most popular because unlike many of the others, you don’t need an US employer or US family member to sponsor you. In order to apply, all you need to have are sufficient funds to invest into a US business. Furthermore, after initial period of stay, E2 visa can be extended and there is no maximum limit to the number of extensions as long as your U.S. enterprise is operating.

Investing in the U.S. is an important decision. In order to run a business, your presence is required and it can influence not only you but also members of your family. Therefore, it’s good to know that E2 visas are available for an accompanying spouse and unmarried children under the age of 21. So your dependents included on the E-2 investor visa application would be given the same nonimmigrant status and would be typically given the same length of stay as you. Moreover, they can be even of different nationality than you, and, therefore, are not restricted to the list of treaty countries.

After arriving to the USA, your Spouse may apply for a work permit with the USCIS, which is officially called Employment Authorization Card. It works as an open market work authorization and offers your spouse great employment flexibility and convenience. All he/she needs to do is file Form I-765 with fee. Usually, it takes two to three months to issue a permit and afterwards, there is no specific restriction as to where he/she may work. Generally speaking, the spouse can work for any employer and in any job, except certain government jobs that requires U.S. citizenship. The employment may be full-time or part-time. Likewise, the spouse may also start his/her own business using the work permit.

Dependents E-2 Visa.

In addition, spouse and children may attend school under the E2 visa status. The children are allowed to enroll either public or private schools. Keep in mind that upon reaching 21 years old, the child is no longer eligible for the dependent E2 visa status and must have his own visa in order to continue residing or studying in the U.S. Frequently, children who age-out apply for F1 student visa in order to finish their college or university education in the U.S. Or if you want them to be part of your business, make them fifty percent partners and they will be eligible for the E2 visa and their spouses for work permits.

Click here to learn more about E-2 Investor Visa. 

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