Can My Spouse Work in the U.S. on an E-2 Investor Visa?
When investors decide to build a business in the United States through the E2 program, they often think about how the move will affect their family. Many want to know what everyday life will look like for a spouse who is leaving a job or career behind. It is a reasonable concern because the ability to work can shape a family’s budget, routine, and future plans. Knowing the rules ahead of time makes it easier to plan for a move that supports both the business and the family.
The E2 classification is available to nationals of countries that maintain the required treaty relationship with the United States. It is intended for investors who place a substantial amount of capital into a United States business and take an active role in directing or developing that enterprise. Certain employees of the investor or a qualifying organization may also qualify if they meet the regulatory criteria. Eligible family members may request E2 dependent status to accompany the investor or join them in the United States.
Once those requirements are clear, many investors want to understand what these rules mean for their spouse’s ability to work in the United States. This part of the process matters because it shapes how the family adjusts to life after the move. The United States Citizenship and Immigration Services (USCIS) provides specific guidance on work eligibility for spouses who hold E2 dependent status.
USCIS explains that spouses of E2 investors are employment authorized incident to their status. This means a spouse is permitted to work in the United States because their immigration status provides that authorization. A spouse may work for an employer, start a business, or take on other lawful work as long as they maintain valid E2 spouse status.
A spouse shows their work authorization through the Form I-94 issued at entry or after an approved change of status. USCIS explains that an E2 spouse is identified by the class of admission code E-2S, which confirms that the spouse is employment authorized incident to status. An unexpired Form I-94 with this code is acceptable evidence of the spouse’s right to work in the United States. USCIS notes that a spouse who does not have the correct code on their I-94 may request an Employment Authorization Document by filing Form I-765.
Every family handles a move differently, but many find that understanding the spouse’s options early on takes some pressure off the process. It gives them one less unknown to worry about as they settle into a new place and new routines.
Sources:
- USCIS. https://www.uscis.gov/i-765
- USCIS. https://www.uscis.gov/working-in-the-united-states/temporary-workers/e-2-treaty-investors