Work Permit for Spouse of E-2 (Treaty Investor) Visa Holder

An E-2 or "treaty investor" visa is a nonimmigrant (temporary) visa allowing people to come into the United States for the purpose of working for a company that the visa holder owns or that is at least 50% owned by other nationals of the same country. Spouses and minor, unmarried children of the E-2 visa holder may also receive visas to come to the United States.

The family’s stay in the U.S. may be a long one. An E-2 visa is sometimes referred to as the next best thing to U.S. permanent residence, because it allows self-employment and an unlimited number of visa extensions.

Availability of Work Permits to E-2 spouses

Given their potentially long stay, it's not surprising that many E-2 travelers bring family members to the U.S. with them. As such, the question is often raised as to whether the spouses of E-2 visa holders are allowed to seek their own employment within the United States.

The answer is yes for the spouse, but not for the children. Also, eligibility for the spouse to work is not automatically granted. E-2 spouses must go through an application process in order to receive an employment authorization document (EAD). The EAD is a small photo identity card.

Work Permit Application Process

The E-2 spouse must prepare USCIS Form I-765, Application for Employment Authorization Document (EAD). In filling out the form, the proper answer to Question 15 is “spouse of E-2 nonimmigrant,” and the proper answer to Question 16 is “(a)(17).”

The E-2 spouse will also need to make copies of documents proving his or her visa status as well as of his or her I-94 card (placed in the passport upon U.S. entry), and be prepared to the appropriate filing fee. The spouse will also need to have two photos professionally taken, in U.S.-passport style. 

The application and documents must be mailed to the appropriate USCIS Service Center for your geographic region. See the instructions that come with the form for details. Alternately, you can file Form I-765 electronically at the USCIS e-filing website, paying with a credit card. But you’ll still need to mail in your supporting documents.

Employment authorization is typically granted if the spouse has properly filled out the form, paid the fee, and provided the above documents.