Are you coming to America as an immigrant along with your partner? In this blog post, we will share with you five Visa types that can allow your spouse to work legally within the United States.
It is important we establish this fact here: Just because you have legal status to be present in the United States does not automatically mean that you have permission to work. As an immigrant, you’ll need a work permit, also called an Employment Authorization Document (EAD) to work in the United States.
So, here is a list of 5 Visa types that can allow your spouse work legally in the US:
This kind of visa allows immigrants to work in the US with their “specialty occupations.” A “specialty occupation” is defined as “an occupation that requires (a) theoretical and practical application of a body of highly specialized knowledge and (b) attainment of a bachelor’s or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States.” To apply for this kind of visa, you will need a job offer and the requisite skill for that kind of job.
For a spouse of an H-1B visa holder to legally work in the United States, such a person will need to obtain an H-4 Visa.
E-1 Visa(Also known as Treaty Trade Visa)
This is a non-immigrant visa for citizens of countries that the US has a treaty of commerce with. The visa avails the holder the rights to engage in international trade solely on his or her own behalf. If you are an E -1 Visa holder, your spouse will need to fill out Form I-750 to apply for Employment Authorization.
This visa is a temporary work visa usually issued to owners and investors in businesses domiciled in the United States. This kind of visa is reserved for “substantial” investments in the US. The E-2 visa allows you to work for the E-2 company, This does not apply to your spouse who can work for any employer or even be self-employed.
As a E-2 visa holder, your spouse will need to fill out the H-4 Employment Authorization Document (EAD) to seek a work permit to work in the US. It usually takes 90 days to arrive.
The E-3 visa was a result of the Australia–United States Free Trade Agreement (AUSFTA). As the name implies, it affords qualified Australian nationals the right to work within their specialty occupation in the United States. Spouses of a holder of E-3 visa can work in the United States provided they have a valid H-4 Employment Authorization Document (EAD).
Has business been good and you feel it is time to move your business to the United States? Has fortune smiled at you and your employers want to transfer you to an existing American business? You will likely need an L-1 visa work permit. The visa is available to individuals who work in companies residing outside the United states but who have branches, subsidiaries, affiliates, or joint venture partners in the United States.
So, if you are a spouse of someone who holds an L-1 Visa, you will need to apply for an H-4 Employment Authorization Document (EAD).
If you need help with your work permits, feel free to contact us. Our firm has been proudly representing hard-working immigrants arriving in the United States since 2012.