If you’re in the United States on an E1 or E2 visa, you may be wondering: can a spouse work on an E-1 or E-2 visa? The good news is yes, spouses are eligible to work in the U.S., but that eligibility depends on one critical factor: being admitted under the correct immigration status.
Understanding Spouse Work Authorization for E1 and E2 Visas
Recent updates in U.S. immigration policy have made it easier for spouses of E1 (Treaty Trader) and E2 (Treaty Investor) visa holders to work without applying for separate employment authorization. However, this benefit only applies if the spouse is properly admitted under the E1S or E2S designation.
Why E1S or E2S Matters
The “S” in E1S or E2S stands for spouse. This means the person has been admitted specifically as the spouse of an E1 or E2 visa holder. With this classification, the spouse is automatically authorized to work and does not need to apply for a separate Employment Authorization Document (EAD).
How to Confirm Your Spouse’s Status
It’s essential to verify that your spouse’s admission record shows E1S or E2S status to avoid unnecessary delays.
Steps to Check the I-94
-
Check the I-94 Record:
Visit the U.S. Customs and Border Protection (CBP) I-94 website and enter your spouse’s travel information.
-
Look for the Right Code:
The I-94 record — not the visa stamp or approval notice — is the controlling document. If the classification says E1S or E2S, your spouse can legally work in the United States without further steps.
What If the Status Is Incorrect?
Sometimes mistakes happen at the port of entry, and your spouse may be admitted with an incorrect status.
How to Fix an Incorrect I-94
If the I-94 says only “E1” or “E2” without the “S,” your spouse is not automatically work-authorized. In that case, they must:
-
File Form I-765 (Application for Employment Authorization)
-
Wait several months for approval
-
Receive an EAD card before starting work
This delay can often be avoided by ensuring the right classification upfront.
Tips to Avoid I-94 Errors
A few simple steps can help ensure your spouse is admitted correctly the first time.
Best Practices for Smooth Entry
-
Clarify your spouse’s status at the border: Make sure the CBP officer admits your spouse under E1S or E2S.
-
Review the I-94 immediately: Always check the online I-94 record after each entry to catch errors early.
-
Contact CBP for corrections: If you spot an error, reach out to the port of entry or a Deferred Inspection Site.
-
Get legal help if needed: If there’s a problem or you’re unsure how to fix it, an immigration lawyer can help.
Final Thoughts
So, can a spouse work on an E1 or E2 visa? Yes — but only if they are admitted under the correct E1S or E2S status. This automatic work authorization makes it much easier for families to live and work in the United States, but it depends on getting the details right at the border. If your spouse was not admitted properly, act quickly to fix the mistake or apply for a separate work permit.
Need help confirming your spouse’s work status or fixing an I-94 error? Schedule a consultation with us today.
