Can my husband who is waiting on his work visa- work at our family business?

My husband and I got married August 20th and submitted our paperwork received
on October 12th. He is currently waiting on his work visa but I will be opening
up a business in my name this month. Is he able to work there or help out since
he is part of our family? Or is that considered breaking rules?

Asked on January 11, 2019 under Immigration Law, Washington


SB Member California Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

If you are a US citizen and your husband is adjusting status on the basis of being a spouse of a US citizen, he can work even before he gets his employment authorization and it will not affect his status.  However, from the business owner's perspective, if you will hire him, he does not have any documentation that makes him eligible to work yet, if he has not yet obtained his employment authorization document.

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