Introduction
One of the key benefits of the E-1 and E-2 visa categories is that spouses of the primary visa holders can also work in the United States. But do they need to apply for separate work authorization to start working? The answer depends on their admission status at the time of entry. This article provides clarity on the process and what spouses need to know.
Work Authorization for E-1 and E-2 Spouses
If your spouse is admitted to the U.S. in E-2S or E-1S status (where “S” denotes spouse), they do not need to apply for separate work authorization. This status automatically grants work authorization, allowing the spouse to begin working immediately after entering the U.S.
How to Confirm Admission Status
Upon entering the United States, it’s essential to verify the admission status noted by U.S. Customs and Border Protection (CBP). This can be done by checking the following:
- I-94 Arrival/Departure Record:
- Ensure that the I-94 record shows E-2S or E-1S status.
- If the I-94 does not indicate “S” status, this could result in complications with work authorization.
- Correcting Admission Status:
- If your spouse is mistakenly admitted without the “S” designation (e.g., as a visitor or in the wrong E-visa category), it is crucial to correct this as soon as possible.
- Contact an immigration attorney for guidance on rectifying the issue with CBP or through U.S. Citizenship and Immigration Services (USCIS).
- Remember that your I-94 Is what counts…not your visa, not your approval notice.
What If the "S" Status Is Missing?
If the spouse is not admitted in the correct E-2S or E-1S status, they will need to apply for separate work authorization by filing Form I-765 with USCIS. The process includes:
- Submitting proof of marital relationship.
- Providing evidence of the primary visa holder’s status.
- Waiting for USCIS approval, which can take several months.
Best Practices for E-1 and E-2 Families
- Check Admission Status at Entry:
- Ensure CBP grants the correct “S” status to the spouse upon entry.
- Be Proactive:
- If the status is incorrect, address the issue immediately to avoid delays in employment.
- Consult an Immigration Attorney:
- An experienced attorney can assist with resolving status issues or filing a work authorization application if needed.
Spouses of E-1 and E-2 visa holders admitted in E-1S or E-2S status can start working immediately without applying for separate work authorization. However, verifying the correct status at entry is critical to avoiding complications.
At Scott Legal, P.C., we specialize in assisting E-1 and E-2 families with their immigration needs. Contact us today to schedule a consultation or learn more about your options.
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