If you are applying for, or already hold, an E-2 visa, you may be asking yourself the question: Am I legally authorized to work in the US? The answer is yes! However, only within specific limits set by US immigration law. Understanding these limits is crucial to maintaining a lawful status and avoiding potential violations that could impact your ability to remain in America.
What Is an E-2 Visa
The E-2 visa is a non-immigrant classification for nationals of treaty countries who invest a substantial amount of capital in a US business. The purpose of the visa is to allow investors to enter the United States to develop and direct the operations of their investment enterprise. In some cases, several essential employees from the same treaty country may also qualify for E-2 status, allowing them to enter the US to assist in the running of said business.
Am I Legally Authorized to Work in the US With an E-2 Visa
If you hold E-2 status, you are legally authorized to work in the United States, but only for the business associated with your E-2 visa. Your work authorization is tied directly to the qualifying investment enterprise. This means you’re allowed to perform duties related to managing, directing, or developing that specific business.
However, E-2 visa holders are not permitted to work for other employers or engage in unrelated employment. Even part-time or freelance work outside of the E-2 business is prohibited and strictly enforced. If you’re wondering, am I legally authorized to work in the US beyond your E-2 enterprise, the answer will be a firm no unless you obtain separate authorization through another lawful status.
Work Authorization for E-2 Spouses
Spouses of E-2 visa holders benefit from more flexibility than the E-2 visa holders themselves. E-2 dependent spouses are authorized to work in the United States incident to their status. This means they may work for any employer, start their own business, or work independently without needing a separate employment authorization document, provided their I-94 reflects a valid E-2 dependent status.
This distinction often makes the E-2 visa a very attractive option for families, as the spouse has open employment authorization and all the options available in the US, while the principal investor remains restricted to their qualifying enterprise.
On a similar note, children of E-2 visa holders who are under 21 years of age may attend school in the United States, but are not legally authorized to work. This limitation also remains in place until they change status or until they qualify for their own independent work authorization.
Understanding the answer to the question of whether you are legally authorized to work in the US under an E-2 visa depends on your role, your status, and the nature of your employment. Working outside the scope of your authorization can lead to serious immigration consequences that can even affect future immigration. Consulting with an experienced investment visa immigration attorney will help to ensure compliance with the law and protect your long-term goals in the United States.
Contact us online today for a free consultation, and let our experienced team take care it from there.