More details to this question:
I hold an E-1 Visa My wife also has it from me as well. She started working in my E visa issuing company's sister firm last year. We found out today that her having E visa may not be sufficient alone for her to work, she may need an EAD card(?) We are applying on behalf of her for Form I-765 immediately (in 24 hours literally!) but she was working for a year last year. What should we do for last year? We really did not know otherwise, we would have applied earlier. She even told last year to the Customs officer when she entered US that she is working. The officer in return wrote the company name on her I94 as an additional remark on the back of the card. What we knew so far was what is written on SSN Admin's webpage copied below that fits her: https://secure.ssa.gov/poms.nsf/lnx/0110211420#g1 "Aliens employment-authorized without specific DHS authorization The following chart lists, by COA code, non-immigrants authorized to work in the U.S. without specific authorization from DHS.
1 ANSWER
Immigration and Nationality Law Attorney serving New York, NY
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Alan Lee & Arthur Lee, Attorneys at Law
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Although it is confusing, a dependent spouse holding an E1 visa has no authorization to work through the status alone. As you know by now, an I-765 application must be submitted and approved for your wife to have employment permission. If your wife was working for a year last year, the earnings have undoubtedly already been reported on your tax returns, and there is nothing to be done at this time. To show compliance now, your wife should stop working until the EAD is approved.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Oct 20th, 2013 at 12:01 PM