The E-2 Visa has long been a popular option for investors and employees looking to build a business presence in the United States. But beyond the visa holder, a crucial question arises: what rights do their spouses and children have?
For families making the transition to the U.S., understanding whether spouses can work or children can study is essential for making informed decisions. Thanks to a significant policy change in 2022, E2 dependents—particularly spouses—now have greater flexibility in the workforce.
A Long-Overdue Change for E-2 Dependents
For years, E-2 spouses faced a frustrating obstacle: they had to apply for an Employment Authorization Document (EAD) before legally working in the U.S. While waiting for approval—sometimes for months or even a year—many found themselves unable to contribute financially, despite being legally present in the country.
This issue came to a head when USCIS processing delays left thousands of E2 spouses in limbo. The inefficiency of the system was clear, and immigration advocates pushed for a solution.
In January 2022, the policy finally changed. E2 spouses are now automatically authorized to work without needing an EAD. Instead of waiting for approval, they can simply present their I-94 form—the document issued upon U.S. entry—which should now display an “E-2S” designation, confirming their eligibility to work.
I-94 Designation: A Simple Yet Crucial Detail
While this policy shift was widely celebrated, its effectiveness hinges on how the I-94 form is issued. If an E-2 spouse enters the U.S. and their I-94 is marked “E-2S”, they can start working immediately. However, if the form only says “E-2”, their ability to work may be questioned.
For those who received the incorrect designation, two options exist:
- Requesting a correction at a CBP Deferred Inspection Site, particularly if they entered the U.S. after January 30, 2022.
- Re-entering the U.S. to receive a properly marked I-94.
Given the impact of these details, checking the I-94 immediately upon arrival is now a critical step for E2 spouses planning to work.
What About E2 Dependent Children?
While E-2 spouses now enjoy enhanced work authorization, E-2 dependent children remain restricted. Although they can enroll in schools and universities, they cannot work under E-2 status. This means that if they want to work in the U.S. after turning 21, they must transition to another visa, such as an F-1 Student Visa or an H-1B Work Visa.
For many E-2 families, this limitation shapes long-term planning, particularly for those with children nearing adulthood.
Final Thoughts
The 2022 policy update for E-2 spouses represents a significant step forward, providing them with immediate work authorization and eliminating months of unnecessary waiting. However, the details of the I-94 form remain critical, and ensuring its correct designation is now a key part of the process.
For those navigating the E-2 visa landscape, staying informed about these updates can make all the difference. As immigration policies continue to evolve, families should remain proactive, ensuring they maximize the benefits available while planning for any potential challenges.
