Can E1, E2, E3, and L1 Visa Spouses Work in the USA?

In recent times, think tanks have recommended that U.S. Citizenship and Immigration Services (USCIS) deregulate immigration and make it easier for foreign nationals to obtain work authorization. One of the recommendations for doing so is to allow spouses of E1, E2, E3, and L1 visa holders to work in the USA without requiring them to apply for the Employment Authorization Document (EAD).

The L1 visa allows executives, managers, and specialized knowledge workers in multinational companies to be transferred to the U.S. office of their organization – or enter the USA to set up a new branch.

E1, E2, and E3 visas are meant for citizens of countries that signed a treaty of commerce & navigation with the USA to gain entry to:

1) Perform substantial trade activities (E1 visa)

2) Direct and develop business operations (E2 visa), or

3) Provide services in specialty occupations (E3 visa – for Australian nationals)

As per the rules, spouses of these visa holders are granted derivative status – which requires USCIS to authorize the spouse to be employed in the USA and issue an endorsement of employment authorization (or a suitable U.S. work permit) to the spouse. The Social Security Administration determines the spouse’s eligibility for employment and issues social security cards that provide work authorization under the Department of Homeland Security guidelines.

If the U.S. immigration official issues a passport admission stamp and a handwritten notation that specifies the authorized period of stay, it can count as sufficient authorization to work. However, if the USCIS amends its regulations, spouses of L1 and E visas can work based on their relationship with the primary visa holder. This would prevent unfair practices of employers and violation of immigration status and allow the spouse to be eligible to adjust or change status.

The most popular of these visas is the L1 visa, which is accessible to Indians. Since obtaining work authorization for spouses under these visas is a complex process, applicants usually seek the guidance of professionals – such as immigration lawyers and consultants. To apply for lawful immigration to the USA, and secure work authorization, gain the support of India’s most legitimate immigration consultants by contacting 8595338595 or [email protected].