QUESTION

E-1 Visa Spouse Permit

Asked on Oct 16th, 2013 on Immigration - Florida
More details to this question:
Dear Sirs, I am working in US under E-1 Visa (treaty trader) My wife received her E-1 visa as a spouse through me in 2009. Last year with the advise of our company CPA, she started working and receiving salary (and also paid taxes) on the sister company that I have my E-1 visa. Just today we coincidentally found out that she needed a work permit, a form I-765 to work even if there is a valid E spouse visa on her passport. She is applying for it on Monday morning first thing, but she was working for a year. Would it have any problem when she applies as a spouse of E-1 visa holder - that she was already working for a year? Thank you
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1 ANSWER

U.S. Immigration and Nationality Law Attorney serving San Diego, CA
Partner at Kazmi & Sakata
1 Award
Hello. Her prior employment will not likely come up with the I-765 application. However, when you renew your E1 visas, if it comes to the attention of the processing officer, she will be considered to have worked without the authorization and may cause problems for her next application/visa. That said, she should still file the work permit to avoid any more work violations. 
Answered on Oct 16th, 2013 at 6:41 PM

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