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

UPDATED: Oct 1, 2022

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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 3 years 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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