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CHISHOLM · E-2 FIELD GUIDE

Could the wife of a Chisholm contractor work in the United States while he runs the forage business?

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THE DIRECT ANSWER

Yes, if she is admitted as his E-2 spouse. Employment authorization for a qualifying E spouse arises incident to status, evidenced by the annotation on Form I-94, and she may work for any employer or for herself. Children under twenty-one may study but not work.

The spouse can take any work; the children cannot take any

This asymmetry catches families with older teenagers. A qualifying E-2 spouse needs no separate employment authorization document before starting a job, which means she could work in the forage company's office, take unrelated employment or run her own business. Her own nationality does not matter for dependent status, so a spouse who holds Canadian permanent residence rather than citizenship still qualifies as a spouse.

Unmarried children under twenty-one may attend school and may not work at all, including summer jobs. On reaching twenty-one a child must obtain an independent status. One further point shapes long-term planning: E-2 is granted in renewable periods for as long as the enterprise continues to qualify, but it carries no direct path to permanent residence.

A family hoping to settle permanently should raise that with a licensed U.S. immigration attorney separately.