My spouse is coming with me in E-2 status. Does my spouse need a separate work permit before starting a job?

A: Generally, no. A qualifying E spouse is usually authorized to work based on the spouse’s E status and does not need to wait for a separate EAD. Check the Form I-94 arrival record for the spouse-specific E-2S classification because that is important for employment verification. Children in E-2 dependent status (E-2Y) do not receive the same automatic work authorization. They also cannot get work authorization from E-2 dependent status by simply filing Form I-765 as an E-2 child.

For help assessing the investor and family’s plans, see E-2 treaty investor services.