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Can
My Family Members Get an E-1 Visa? Can my Spouse Work in the U.S.? |
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William, I am now in U.S. with E-1 visa. Can my family members also get an E-1 visa? Can my spouse work in the U.S. also? Answer, The E-1 and E-2 visa holder's spouse and children, unmarried and under the age of 21, can also apply for an E-1 or E-2 dependent visa. If your spouse wants to work in the U.S., he or she has to apply for a Work Authorization. Your spouse or children do not have to have the same nationality as you to apply for an E visa. If you are in the U.S. on an E-1 or E-2 visa and your spouse wants to work in the U.S., your spouse will have to apply for and get an Employment Authorization Document (EAD) before starting working. The U.S. regulations expressly state that a spouse of an E-1 visa holder should apply and get a work authorization before a spouse can start working in the U.S. The Board of Immigration Appeals once issued an unpublished decision that spouses of E visa holders spouses can work without having to apply for a work authorization. But USCIS’s position is that the spouses of E visa holders do require a work authorization. Therefore, it is advised that spouses of E visa hiolder should apply for a work authorization, and do not work until they receive a work authorization approval. |
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