Can a dependent spouse of an E 2 visa holder work in the United States?

Can a dependent spouse of an E2 visa holder work in the United States?Show more

Hello and welcome back to our channel!

Today, we're discussing the E2-S visa and the exciting changes regarding work authorization for spouses of E2 visa holders who entered the US after January 30th, 2022.

Let's dive in!

The E2 visa is designed for foreign investors who establish a substantial investment in a US business.
Along with the primary investor, the spouse and dependent children under 21 years of age can also accompany the investor to the United States.

Recently, the E2-S visa was introduced as a new class of admission for spouses of E2 visa holders. Under the updated regulations, E2-S visa holders are now automatically granted work authorization.
This means they can work full-time or part-time, for any business not restricted by national security laws.

E2-S visa holders can also work for any foreign employer in the US, as long as they have a valid E2-S status and an unexpired eye94 Form with the E2-S designation.
They can even work remotely for a foreign employer or be self-employed and start their own business.

However, if E2-S visa holders work for another E2 visa holder's business, their position will not count towards the number of jobs the E2 investor committed to creating.

Thanks to the updated policy, E2-S visa holders no longer need an Employment Authorization Document, saving time and reducing paperwork.
They can use their unexpired eye94 Form with the E2-S designation as evidence of employment authorization under List C of Form eye9.

With the automatic work authorization, E2-S visa holders can immediately apply for a US Social Security Number, which is necessary for tax and identification purposes.

Regarding starting their own business, E2-S visa holders can do so while complying with all applicable laws and regulations related to starting a business in the United States, including obtaining any necessary licenses and permits.
However, the spouse's business should not compete with the E2 visa holder's business.

In conclusion, the new E2-S visa regulations make it much easier for spouses of E2 visa holders to work in the United States, providing more flexibility and opportunities for them to contribute to the economy.
If you're considering starting your own business as an E2-S visa holder, it's always a good idea to consult experts to ensure compliance with all applicable laws and regulations.

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