Can my E2 visa Dependent get a work permit?
Hi there, my name is Angie Rupert and I’m founder of the Rupert Law Group. We focus exclusively on E2 visas.
Today I’d like to talk about one of the most frequently asked question that I get from potential clients all the time and that is: can my dependents get a separate work permit? And the answer is…in some cases yes! So, your spouse will be able to apply for a separate work permit upon approval of your E2 visa and your spouse’s E2 visa. The process is a little bit different. You remember that you went to your interview and likely your spouse came with you as well. Upon approval, you received your passport about a week after your interview with the E2 visa printed right in the passport. Of course, if you went through USCIS the process is a little bit different, but you received the approval in the mail.
Once you and your spouse receive either the visa or the approval, your spouse can then file for a separate work permit. This is a form I-765 and is filed through USCIS.
If you’re already in the United States and your spouse is also present in the United States he or she can apply the moment you receive (or he or she receives) approval of the E2 visa.
If you are located outside of the country and received your visa, your spouse must be present in the United States in order to file the form I-765 with USCIS. The moment those wheels touch down at JFK you can file the document. Your spouse will be waiting, in historical times ,three to four months for approval of the I-765. However, recent developments are going to allow for premium processing of this work permit or EAD as they sometimes call it. This is amazing news! It should speed up the time in which your spouse gets the work authorization.
Once your spouse is approved for work authorization – actually receives the permit – he or she can work anywhere he or she wishes, including for your business, starting their own business or anywhere they can get a job. They need no separate sponsorship.