Exciting Changes for Spouses of E2 Visa Holders: Work Authorization in the US!

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Today, we’re thrilled to discuss the E2-S visa and the recent developments that have brought about significant changes in work authorization for spouses of E2 visa holders who entered the US after January 30th, 2022.

Let’s delve into the details!

The E2 visa is specifically tailored for foreign investors who establish substantial investments in US businesses. Along with the primary investor, the spouse and dependent children under 21 years old can also accompany them to the United States.

In recent times, a new class of admission has been introduced – the E2-S visa – catering to spouses of E2 visa holders. Under the updated regulations, E2-S visa holders are now automatically granted work authorization. This means they can choose to work full-time or part-time for any business that does not fall under the restrictions of national security laws.

Furthermore, E2-S visa holders are permitted to work for any foreign employer within the US, as long as they hold a valid E2-S status and an unexpired eye94 Form with the E2-S designation. They even have the freedom to work remotely for a foreign employer or explore self-employment opportunities by starting their own business.

It’s important to note that if an E2-S visa holder decides to work for another E2 visa holder’s business, their position will not count towards the number of jobs the E2 investor committed to creating.

Thanks to this updated policy, E2-S visa holders are no longer required to obtain an Employment Authorization Document, saving valuable time and reducing paperwork. Instead, they can simply use their unexpired eye94 Form with the E2-S designation as evidence of employment authorization, as specified in List C of Form eye9.

The automatic work authorization now allows E2-S visa holders to promptly apply for a US Social Security Number, an essential requirement for taxation and identification purposes.

As for starting their own business, E2-S visa holders can do so while adhering to all applicable laws and regulations related to commencing a business in the United States. This includes obtaining any necessary licenses and permits. However, it is vital to ensure that the spouse’s business does not compete with the E2 visa holder’s business.

In conclusion, these new E2-S visa regulations significantly enhance the ease with which spouses of E2 visa holders can work in the United States. This newfound flexibility opens up exciting opportunities for them to contribute to the economy in diverse ways.

If you’re an E2-S visa holder considering starting your own business, it is always wise to seek expert guidance to ensure full compliance with all relevant laws and regulations.

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