If you’re an E-2 visa holder with a dependent spouse, you might be wondering whether your spouse is automatically authorized to work in the U.S. The rules surrounding work authorization for E-2 spouses have recently changed, and it’s important to understand what these changes mean for your situation. Here are three crucial things to know about work authorization for an E-2 spouse.
1. E-2 Dependent Spouses Now Have Automatic Work Authorization
As of January 2022, E-2 dependent spouses are automatically authorized to work in the U.S. based on their status. This significant change means that E-2 spouses no longer need to apply for a separate work permit (EAD) to begin working. Once they enter the U.S. in E-2 dependent status, known as E-2S status, they are immediately eligible to work. This streamlined process makes it much easier for spouses of E-2 visa holders to find and start employment.
2. Check Your I-94: Ensure It Shows E-2S Status
Despite this change, there have been cases where border officers have mistakenly issued the wrong status to E-2 dependent spouses. If your I-94 form only indicates “E-2” instead of “E-2S,” it does not provide sufficient evidence of your work authorization. It’s crucial to ensure that your I-94 reflects the correct “E-2S” status, as this is what grants you the ability to work without needing an additional permit.
3. How to Correct Your I-94 If It’s Wrong
If you find that your I-94 does not show the correct “E-2S” status, there are steps you can take to correct it. The first option is to contact U.S. Customs and Border Protection (CBP) at the Port of Entry where you entered the U.S. and request a correction. Another option is to file a request to correct your I-94 online through the CBP’s help website at help.cbp.gov. Taking prompt action to correct your status is important to ensure that you have the proper authorization to work.
Conclusion
Understanding your work authorization as an E-2 spouse is critical to avoid issues and ensure you can legally work in the U.S. With automatic work authorization now granted to E-2 dependent spouses, it’s essential to verify that your I-94 shows the correct status and take steps to correct it if necessary.
Are you an E-2 dependent spouse looking to work in the U.S.? Scott Legal, P.C. can help ensure you have the correct status and work authorization. Schedule a consultation today to discuss your options and get the support you need.
