Does the derivative spouse have the right to work independently from the principal applicant?

Yes. Under EB-5, the derivative spouse may work independently from the principal investor. Once recognized as a dependent and granted resident status in the United States, the spouse is not bound by the investor’s activity or circumstances in order to pursue an occupation.

In practice, the right to work follows the spouse’s immigration status. Depending on the stage of the process, that right may be tied to the resident status itself or to the employment authorization document (EAD), when applicable, which enables the holder to seek employment in the country.

A few points help clarify this right:

• The spouse may work in different fields, provided the activity is lawful.
• The authorization does not depend on the principal investor’s occupation.
• Petitions and documents must follow the applicable immigration rules.

Because the documents and the way work authorization is demonstrated can vary depending on the stage of the process, confirm what applies to your situation directly with USCIS and, if needed, with the support of an immigration specialist.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.