Does A Spouse of an E-2 Investor Visa Holder Require Employment Authorization

Does A Spouse of an E-2 Investor Visa Holder Require Employment Authorization

An E-2 Investor Visa is a visa option available to foreign nationals who want to start and manage a business in the United States. The visa requires a capital investment to either start or purchase a business and the amount of the investment depends on the type of business. Also, the business should ultimately create jobs and benefit the economy of the U.S.. Any legitimate business qualifies and Scott Legal, P.C. has successfully processed E-2 Investor Visas for various types of business including: photography, auto repair, catering, law firm, consulting firm, mobile application start up, manufacturer, food franchise, restaurant, and more. To find out more about the E-2 visa requirements click here. To find out more about the minimum investment amount required for E-2 visas click here.

When an E-2 Visa is issued to the investor, his/her spouse and children can accompany the investor to the United States and they are also given E-2 visas. While children cannot work in the U.S., a spouse is permitted to work at any job. One key question that has often been raised has to do with whether or not the spouse is required to apply to United States Citizenship and Immigration Service (USCIS) for separate employment authorization in order to work. The separate employment authorization document is referred to as “EAD”.

Until recently, the clear answer was that the spouse of an E-2 visa holder had to get employment authorization. However, the Board of Immigration Appeals (BIA) recently ruled on a case and found that E-2 visa spouses can in fact work without having to apply for an employment authorization card. The BIA determined that while an approved EAD is explicitly required for spouses of E-1 visa holders (because the Statute explicitly says this), the Statute does not address spouses on an E-2 Visa.   The case had to do with an E-2 Spouse that worked without EAD in the U.S.. She did this without incident but when she applied for a green card, it was denied because the government concluded that she worked without employment authorization. After an extensive appeal process, the BIA reversed the denial and she was granted her green card. This of course raises the question of whether or not an EAD card is required.

While the BIA recently concluded that an EAD card is not required for the spousal E-2 Visa, USCIS is of a different opinion and their regulations have not been amended to reflect this ruling. As a result, working without EAD may result in problems with USCIS when applying for a future visa (For example a Green Card). As such, even in light of this ruling, Scott Legal, P.C. still strongly suggest that E-2 spousal applicants obtain an EAD card from USCIS prior to starting work. You should keep in mind that you cannot apply for this card before you enter the United States on E-2 status.

 

 

When applying for EAD, you should gather the following documents:

  1. Copy of ID passport page
  2. Latest I-94 where you entered on the Status you are applying under
  3. Marriage certificate
  4. Copy of your E-2 visa
  5. Copy of your spouse’s E-2 visa
  6. 2 printed passport style photos taken within the last 30 days and that meet the DS-160 requirements
  7. Any previous employment authorization card issued (front and back)
  8. Any previous I-797 approval notices for employment authorization
  9. Old I-20s if applicable
  10. Student Visa if applicable
  11. Check made out to U.S. Department of Homeland Security for $380
  12. Signed I-765 form (original signature)
  13. Signed G-28 form (original signature)

For more practical or legal advice contact Scott Legal, P.C.. We offer services in a number of business areas including, Immigration, New Business set up, Contract review and development and entrepreneurial support. Call 212-223-2964 or email iscott@legalservicesincorporated.com for a consultation.

To find out more about E-2 and other investor visas, contact Scott Legal, P.C.

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Ian E. Scott, Esq. is the Founder of Scott Legal, P.C. He can be reached at 212-223-2964 or by email at info@legalservicesincorporated.com.


This website and blog constitutes attorney advertising.  Do not consider anything in this website or blog legal advice and nothing in this website constitutes an attorney-client relationship being formed.  Set up a one-hour consultation with us before acting on anything you read here. Past results are no guarantee of future results and prior results do not imply or predict future results.  Each case is different and must be judged on its own merits.


Ian E. Scott is a Harvard Law School Graduate, lawyer and author of Law School Lowdown: Secrets of Success from the Application Process to Landing Your First Job.  Mr. Scott worked as a corporate litigator in the law firm Cleary Gottlieb and currently runs his own law firm Scott Legal, P.C. specializing in Immigration Law & New Business set-up. 

 

September 1st, 2014|101 Comments

101 Comments

  1. Rosie Kawakami October 3, 2018 at 10:31 am - Reply

    Hello , my husband is in us currently holding a e2 visa . What are the requirements that I will need for my visa application so I can go there ? Thanks.

    • IanScott October 7, 2018 at 2:40 pm - Reply

      You will have to apply for an E-2 visa to enter the U.S. Please contact us if you would like assistance.

      Kind regards,

  2. Pietro September 3, 2018 at 10:49 am - Reply

    Hi,
    more or less how many months are needed to obtain the E2-dependent. How long did it take to get the practice? I mean, my wife already has an E2, for me will be necessary the same time she waited for her E2 or could be shorter/longer? And how much time then, for obtain an EAD?

    Thank you for your work!

    • IanScott September 13, 2018 at 7:51 am - Reply

      EAD is taking around 4-5 months. The processing time for a dependent is around a month but depends on the Consulate.

  3. Ruben Barbera August 17, 2018 at 9:00 am - Reply

    Hi,
    Can a spouse with E2-Dependent visa and working permit open a business in u.s.? If the answer is yes, Has any kind of advantage for a GC or the time of staying in U.S. depend on the principal E2 Visa Holder?
    Thank you in advance,

    • IanScott August 25, 2018 at 9:42 pm - Reply

      Hello, A spouse can open a business with EAD. Green cards can be applied for if one is eligible for a category. Kind regards,

  4. Leticis February 24, 2018 at 6:41 am - Reply

    I’m a spouse on an E2 visa and don’t yet have my EAD (applied but not yet received), I need my new card to continue my job!! can I continue working until the new one arrives?

    • IanScott March 9, 2018 at 4:44 am - Reply

      You should have a valid EAD to continue working.

  5. Yoshi Ichikawa November 30, 2017 at 5:34 pm - Reply

    Hello,

    I have a E-2 visa working for the firm in the U.S. Would it be possible to run a small online business aside from my regular work?

    • IanScott December 1, 2017 at 10:52 pm - Reply

      You are only permitted to work at the company you have an E-2 for. Kind regards,

  6. gmc August 25, 2017 at 12:48 am - Reply

    Hello, spouse of an E2 visaholder has an EAD. If the Visaholder switches the Job and will have a new E2 with another company, is the existing EAD for spouse still valid or has the spouse to reapply and “pause” his/her job for the 90 days processing time?

    Best regards

    • IanScott August 29, 2017 at 4:10 am - Reply

      I believe it is still valid but would have to check the regulations to be sure. As the EAD was already issued for the spouse based on an E-2, I do not believe that you have to apply for another one but again, would have to look up the Statute to be sure.

  7. Frank Wong August 15, 2017 at 12:31 am - Reply

    I am currently employed with my EAD based on my spouse dependent E-2 visa. My EAD is valid until 8/17/2017. My wife has filed an I-129 petition to renew her E-2 visa, and I have also filed I-539 to extend my E-2 visa and I-765 to extend my EAD. All our I-129, I-539 and I-765 have the notice date on 6/30/2017.

    Can I continue to work for my employer while the I-129, I-539 and I-765 are pending? The Social Security Administration stated the spouse of E-2 classification does not need DHS authorization to work.

    • IanScott August 15, 2017 at 5:34 pm - Reply

      Please contact us if you would like to set up a one hour consultation. Kind regards,

  8. andreon July 24, 2017 at 5:40 pm - Reply

    Hello,
    I have a E2 Visa, my wife did an EAD witch will expire in 2 month. Does the mean that she don’t have to renew it?

  9. Nida April 27, 2017 at 8:33 pm - Reply

    If a E2 visa holder’s spouse does an unpaid internship/volunteer opportunity… is this allowed? Can they be paid a stipend? Or a scholarship?

    • IanScott April 28, 2017 at 12:04 am - Reply

      Some volunteer work is permitted but an unpaid internship is not. Payment really depends. We would be happy to set up a one hour consultation to discuss any questions you have. Thanks,

  10. Andrea April 23, 2017 at 4:13 pm - Reply

    Good morning

    my fiance and me are going to get married the first week of July. I have an E-2 Visa permit and she would like to apply for an E-2 dependent status. For working issue, I need to come back to the USA a couple of days later than the date of marriage. When she will go to the embassy for doing the interview, Is my physical presence mandatory at the embassy with her or she can go alone ?

    Thanks, I appreciate

    • IanScott April 25, 2017 at 1:24 am - Reply

      You do not need to be at the Consulate. Please contact us if you would like assistance with the application. Kind regards,

  11. Junaid Ahmed Memon April 20, 2017 at 5:27 am - Reply

    Hi,

    Spouse of an E2 Visa holder is allowed to work on the US. Can his/her company sponsor him for green card? I mean whether is E2 Visa status puts any restrictions in this regard?

    • IanScott April 20, 2017 at 1:45 pm - Reply

      Generally, the family relationship would make this very difficult.

  12. Glc February 5, 2017 at 5:39 pm - Reply

    Hello,
    Can a spouse of an E2 visa holder, with current EAD, create her own business in the US?
    Thanks!

    • IanScott February 6, 2017 at 5:10 pm - Reply

      Hello,
      Yes, a spouse with an EAD can start his/her own company.
      Kind regards,

      • Glc February 6, 2017 at 8:36 pm - Reply

        Thank you for your quick reply.

  13. Dave H January 12, 2017 at 4:26 pm - Reply

    Hi ,
    We are living in US on my E2 investor visa. My children have been approached to do an advertisement. However they 10/8 yrs old do not hold a SSN. What is the process for us to get them these or can they not do the work?

    • IanScott January 15, 2017 at 1:17 am - Reply

      Hello, a child on an E-2 cannot work. You can contact the local soc. sec. office but they may not issue the card. Kind regards,

  14. Saadman December 14, 2016 at 12:40 pm - Reply

    Hi,
    So I am an international student on an f-1 visa. If my father were to make an investment in my name by say giving me the required amount, then would I be able to have control of the business and profits and possibly qualify for the e-2 visa or is there a requirement that the investor’s money has to come from personal earnings?

    • IanScott December 20, 2016 at 3:06 am - Reply

      Thank you for contacting us. Please find attached our credit card link to make your $250 consultation payment for a one hour consultation. If you end up hiring the firm and your bill is greater than $2,500, we will apply this consultation fee to your final bill. Once we receive the payment, we can schedule and confirm your appointment. Please reach out if you have any questions.

      https://secure.lawpay.com/pages/scottlegalservices/operating

      Kind regards,

  15. Emre Ye December 6, 2016 at 2:36 am - Reply

    Hi,
    Can a child(4 years old) as an E-2 dependent get EAD? SSA refused her SSN application since she has no EAD.
    Thanks

    • IanScott December 6, 2016 at 3:55 pm - Reply

      They should still issue it but you can get some offices that don’t want to . They may insist that the person needs a reason (eg. they have a bank account that is accruing interest). You should ask to speak to a supervisor.

  16. Daniela November 22, 2016 at 4:27 am - Reply

    I’m mexican and I’m getting married to an english person with a E2 visa in the US. What is the first step to get the same visa as him?, because my visa is a tourist one. Tnxs

    • IanScott November 29, 2016 at 12:54 am - Reply

      Hello and thank you very much for contacting us. We know that the decision to start a business in the U.S. is one that brings many questions to the forefront and we are here to help. This firm was founded on an E-2 visa so we understand much of what you are concerned with. Our goal is to assist you so that you can realize the dream of growing a business in the U.S.. I have attached a link to our E-2 visa brochure below that describes our services and fees and you can see from the brochure that we can also help you with your business plan and your business entity set-up.

      E-2 Visa Brochure

      http://legalservicesincorporated.com/wp-content/uploads/2015/06/E-2BrochureScottLegalServices20151.pdf

      We would like the opportunity to help you and welcome the chance to set up a one hour consultation with one of our lawyers who regularly processes E-2 visas. This lawyer will be able to answer all of your questions and can give you valuable information so that you can make informed decisions. Our consultations can be arranged based on your convenience and can be done over the telephone, via Skype, or in person.

      Our consultation fee of $250 will be refunded to you if you end up hiring us and I have attached the link to set up a consultation below.

      https://secure.lawpay.com/pages/scottlegalservices/operating

      We hope you decide to give us the opportunity to assist you and please let us know if you would like to set up a consultation.

      Kind regards,

  17. LP November 17, 2016 at 8:34 pm - Reply

    My wife and myself are currently in US on an E2 and E2 spouse visa. My wife does not intend to work, but having done without a SSN for a few years now it seems that it would make life easier to have one. She currently has a TIN. Would she need to apply for permission to work in order to request a SSN?

    • IanScott November 18, 2016 at 4:43 am - Reply

      Likely not but you should attempt to apply trough the SS office. They all do different things unfortunately.

  18. Mack November 4, 2016 at 12:43 am - Reply

    I have e2 visa. I want to know if my wife want to study did she count as in-house student or international student. and dose she will need any special visa for study? I am Canadian citizen.

    • IanScott November 5, 2016 at 6:18 pm - Reply

      Thank you for contacting us. Please find attached our credit card link to make your $250 consultation payment for a one hour consultation. If you end up hiring the firm and your bill is greater than $2,500, we will apply this consultation fee to your final bill. Once we receive the payment, we can schedule and confirm your appointment. Please reach out if you have any questions.

      https://secure.lawpay.com/pages/scottlegalservices/operating

      Kind regards,

  19. Umi November 3, 2016 at 2:12 pm - Reply

    Hello sir.
    What is the education requirement in this visa as i have not completed any and i live in england please help

    • IanScott November 5, 2016 at 6:18 pm - Reply

      Thank you for contacting us. Please find attached our credit card link to make your $250 consultation payment for a one hour consultation. If you end up hiring the firm and your bill is greater than $2,500, we will apply this consultation fee to your final bill. Once we receive the payment, we can schedule and confirm your appointment. Please reach out if you have any questions.

      https://secure.lawpay.com/pages/scottlegalservices/operating

      Kind regards,

  20. Bob October 23, 2016 at 3:27 pm - Reply

    Hello,

    The Canadian company I work for is about to receive an E-visa Corporate Registration and I will be following up with an E-2 Employee application under the corporate one.

    My spouse plan to apply for EAD card and move to the US with me. Is she allowed to continue working for her Canadian employer while in the US or must she quit and seek employment from a US corporation.

    We also own a small consulting company incorporated in Canada and she occasionally does contract work through that company. Will she be allowed to continue servicing Canadian clients? How about US clients?

    • IanScott October 23, 2016 at 3:40 pm - Reply

      Thank you for contacting us. Please find attached our credit card link to make your $250 consultation payment for a one hour consultation. If you end up hiring the firm and your bill is greater than $2,500, we will apply this consultation fee to your final bill. Once we receive the payment, we can schedule and confirm your appointment. Please reach out if you have any questions.

      https://secure.lawpay.com/pages/scottlegalservices/operating

      Kind regards,

  21. Boris October 15, 2016 at 9:06 pm - Reply

    Hi Ian,

    I have E-2, can my wife work in our company before arrival of EAD or does she need to wait for EAD?

    Thank you,
    Boris

    • IanScott October 16, 2016 at 6:40 pm - Reply

      Thank you for contacting us. We would welcome the opportunity to set up a one hour consultation with one of our lawyers to answer your legal questions. Please let us know if you would like to set something up. Kind regards,

  22. Ck September 24, 2016 at 12:42 am - Reply

    I’m the spouse of an E-2 visa holder, I have my own EAD and the company I work for has already started the petition for the green card in my behalf. (Perm stage) Unfortunately my husband’s business (the one approved with E2) is not successful so he’s forced to terminate it and eventually go back to country of origin. is this going to affect my GC process during the final adjustment of status even if my E2 and I-94 will still be valid by then? In other words, if my husbands leaves the USA can I still get the green card that I’m so hardly working for? Thanks for advises!

    • IanScott September 26, 2016 at 3:08 pm - Reply

      Thank you very much for contacting us and we welcome the opportunity to help you with your legal needs.

      At your earliest convenience, we would be happy to offer you a consultation with one of our lawyers. If after the consultation you decide to hire us to work on your matter and your billing is greater than $2,500, our $250 one hour consultation fee will be waived and the amount will be applied towards your future bill. (As such, the consultation would be free).

      While some legal questions appear straight forward, most do not have a yes or no answer and a proper answer requires a review of the facts and circumstances as well as an application of legal knowledge. Moreover, almost all questions require follow up and additional analysis that is best done during a consultation.

      We look forward to working with you and please contact us if you would like to set up a consultation. For your ease of reference, I have included information below to set up a consultation.

      Please find attached our credit card link to make your $250 consultation payment for a one hour consultation. If you end up hiring the firm and your bill is greater than $2,500, we will apply this consultation fee to your final bill. Once we receive the payment, we can schedule and confirm your appointment. Please reach out if you have any questions.

      https://secure.lawpay.com/pages/scottlegalservices/operating

  23. Sukhi September 16, 2016 at 12:49 pm - Reply

    Hi, I’m a UK passport holder and currently living in Hong Kong. If we come to USA on E2 visa (franchise) can my husband who has more experience in the franchise we planning to purchase work in it. In short, I have the passport and he has the experience. I know with EB-5 visa there is a restriction of employing your family members however we are not sure about E-5. Would really appreciate your advice. Thanks in advance.

    • IanScott September 19, 2016 at 2:32 pm - Reply

      Thank you for contacting us. A spouse of an E-2 visa holder can get work authorization and work anywhere including the E-2 business. UK nationals though must reside in the UK to get E-2 visas so if you have been in Hong Kong for many years, you may not be eligible. The residency test will depends on the facts and circumstances. Please contact us if you would like to set up a one hour consultation. Kind regards,

  24. Max September 5, 2016 at 2:53 pm - Reply

    Dear Ian,
    My wife has E2 visa and I got mine through her, when I apply for EAD, how long it takes normally till I receive my work permit.
    Thank you in advance
    Regards

  25. Max September 5, 2016 at 2:48 pm - Reply

    Hello Ian,
    My wife has E2 visa and I’m getting mine.
    When I apply for EAD how long it takes normally till i get the permit?
    Thank you in advance, please guide me.
    Regards
    Max

    • IanScott September 8, 2016 at 2:08 pm - Reply

      It usually takes 90 days. Please let us know if you would like assistance with the application. Kind regards,

  26. Matt Jambor August 31, 2016 at 11:18 pm - Reply

    Hello,
    Our E2 visa is under my wife’s name. We are co-owner (50/50) of our company. I know I need a work permit if I want to work for any company.
    But do I also need a work permit if I want to be on our company’s payroll?
    Thank you

    • IanScott September 1, 2016 at 1:40 am - Reply

      Thank you for contacting us. Yes, you need work authorization to work at your company. Please let us know if you would like assistance with the application.

      Kind regards,

    • Sonia December 15, 2016 at 2:15 am - Reply

      It depends, is your E2 visa issued under your company name? If so, you are allowed to work for your own company if the e2 visa is issued under that company. I have an E2 visa which is under my husband’s name and we are both allowed to work for our company. If I want to work for other employers I have to apply for EAD.

      • IanScott December 20, 2016 at 3:05 am - Reply

        Thank you for contacting us. Please find attached our credit card link to make your $250 consultation payment for a one hour consultation. If you end up hiring the firm and your bill is greater than $2,500, we will apply this consultation fee to your final bill. Once we receive the payment, we can schedule and confirm your appointment. Please reach out if you have any questions.

        https://secure.lawpay.com/pages/scottlegalservices/operating

        Kind regards,

  27. Dimitri August 30, 2016 at 12:31 pm - Reply

    Thanks for your post, it gives great information!
    I have an E2 visa since 1 year and just get married. I’m now looking to bring my wife in the US but which form she has to fill to get an E2 visa? Only the DS-156/I-129?

    Thanks a lot,
    Dimitri

    • IanScott September 1, 2016 at 1:42 am - Reply

      Thank you very much for contacting us and we welcome the opportunity to help you with your legal needs.

      At your earliest convenience, we would be happy to offer you a consultation with one of our lawyers. If after the consultation you decide to hire us to work on your matter and your billing is greater than $2,500, our $250 one hour consultation fee will be waived and the amount will be applied towards your future bill. (As such, the consultation would be free).

      We look forward to working with you and please contact us if you would like to set up a consultation. For your ease of reference, I have included information below to set up a consultation.

      Please find attached our credit card link to make your $250 consultation payment for a one hour consultation. If you end up hiring the firm and your bill is greater than $2,500, we will apply this consultation fee to your final bill. Once we receive the payment, we can schedule and confirm your appointment. Please reach out if you have any questions.

      https://secure.lawpay.com/pages/scottlegalservices/operating

  28. EMAD August 30, 2016 at 10:31 am - Reply

    dear Mr. Scott

    have a nice day

    I am jordanian

    I looking to start small business under E2 visa

    My question is it when i will apply my application and if i get approve about
    E2 VISA

    Your opinion they will give me E-2 VISA valid 5 or 2 year

    Noted : i got old b1-b2 visa
    Valid 5 year

    And how many year can i renewal my E2 visa

    I will going to L.A.X next month could you please advice me if you has any

    Branch there maybe can meet each other or can meet some person under Supervision your company

    Regards

    • IanScott September 1, 2016 at 1:43 am - Reply

      Hello and thank you very much for contacting us. We know that the decision to start a business in the U.S. is one that brings many questions to the forefront and we are here to help. This firm was founded on an E-2 visa so we understand much of what you are concerned with. Our goal is to assist you so that you can realize the dream of growing a business in the U.S.. I have attached our E-2 visa brochure here that describes our services and fees. We can help you with the E-2 visa, your business plan and your business entity set-up.

      We would like the opportunity to help you and welcome the chance to set up a one hour consultation with one of our lawyers who regularly processes E-2 visas. This lawyer will be able to answer all of your questions and can give you valuable information so that you can make informed decisions. Our consultations can be arranged based on your convenience and can be done over the telephone, via Skype, or in person.

      Our consultation fee of $250 will be refunded to you if you end up hiring us and I have attached the link to set up a consultation below.

      https://secure.lawpay.com/pages/scottlegalservices/operating

      We hope you decide to give us the opportunity to assist you and please let us know if you would like to set up a consultation.

      Kind regards,

  29. Sunny August 16, 2016 at 1:41 am - Reply

    My i-94 expires like 2 year from now for the 5 year of e2 visa. I received EAD after apx 100 days of filling which is vald until i-94 expiry date. So when its time to renew What’s the way to avoid EAD lapse time on renewal of EAD and getting new 2 year i-94 for Canadians so I can continue to keep working?

    • IanScott August 16, 2016 at 4:21 am - Reply

      Thank you very much for contacting us and we welcome the opportunity to help you with your legal needs.

      At your earliest convenience, we would be happy to offer you a consultation with one of our lawyers. If after the consultation you decide to hire us to work on your matter and your billing is greater than $2,500, our $250 one hour consultation fee will be waived and the amount will be applied towards your future bill. (As such, the consultation would be free).

      While some legal questions appear straight forward, most do not have a yes or no answer and a proper answer requires a review of the facts and circumstances as well as an application of legal knowledge. Moreover, almost all questions require follow up and additional analysis that is best done during a consultation.

      We look forward to working with you and please contact us if you would like to set up a consultation. For your ease of reference, I have included information below to set up a consultation.

      Please find attached our credit card link to make your $250 consultation payment for a one hour consultation. If you end up hiring the firm and your bill is greater than $2,500, we will apply this consultation fee to your final bill. Once we receive the payment, we can schedule and confirm your appointment. Please reach out if you have any questions.

      https://secure.lawpay.com/pages/scottlegalservices/operating

  30. Kat12 August 12, 2016 at 8:41 pm - Reply

    My husband has received an E2 and I will be following him to US from Canada at a later date. Is it a difficult process if I am doing my interview seperate from him? What will the process be like?

    • IanScott August 12, 2016 at 10:41 pm - Reply

      Thank you for contacting us. It is not a difficult process if you do the interview at a different time. You just have to show he was awarded an E-2 visa and proof of marriage. You should also file for work authorization. Kind regards,

  31. Reggi August 12, 2016 at 4:42 am - Reply

    I am in Michigan with B1-B2 visa and I want to buy a building here with three floors, two appartment and a retail, and I want to open a bussines- restaurant bases in our traditionally foods. To guarantee for loan my sister in law want to help me because if I invest to buy I don’t have enough money to open restaurant, I have around 50k$ to invest now, is possible to get E1or E2 visa, because I read in governement website that people like me should have 100K $ to invest, and my lawyer said to me same thing, please can you explain how much money should I have to start my bussiness and to have visa approved in this category,
    Regards

    • IanScott August 12, 2016 at 10:44 pm - Reply

      The amount of an investment can be less depending on the type of business. Our firm was founded on an E-2 visa with $55,000 investment but past results do not predict future outcome. We would be happy to set up a one hour consultation to discuss. Kind regards,

  32. Kerry August 3, 2016 at 8:38 pm - Reply

    I am a UK citizen, with a spouse who has e2 visa for US. Understand that you can only apply for EAD whilst in the US – my question is – do I need to stay in the US whilst this application is going through?

    • IanScott August 4, 2016 at 2:52 pm - Reply

      Thank you for contacting us. You do not have to stay in the U.S. while the application is being processed.

  33. Alec August 3, 2016 at 2:39 am - Reply

    Hi
    Can I file for an EAD and a I-539 (from B2 to E2 spouse) at the same time?
    Im in a rush!

    Thanks
    Alec

    • IanScott August 3, 2016 at 3:18 am - Reply

      Thank you for contacting us. You can file for all at the same time but USCIS may not process the EAD with the I-129. In some cases they will but others they will not.

      • alec August 4, 2016 at 7:37 pm - Reply

        Thank you. The fourm has some great advice on here.
        But if im changing to go onto my wifes E2 as a spouse from my B2. Would I use i539 to change status or her work would have to use i129 to change my status for me?
        Thanks again!

  34. Raphale July 27, 2016 at 1:19 am - Reply

    Hi,
    I am married to an E2 holder, so my E2 is dependent on my husbands. He has an E2 visa to work in USA but his assignment is ending this September so he will go back to our country for good. We are not going to divorce and i want to stay in the usa. I have 5 years visa and does it going to be invalid automatically when he goes back to Our country? or do I have any time still I can use this visa? I have an amazing job in USA and my company cannot sponsor me but i don’t want to leave my job now. I am not sure how much longer my visa will be valid if my husband does not work here anymore but the visa does not expire until 2019. Thank you so much

    • IanScott July 27, 2016 at 10:02 pm - Reply

      Hello,
      Your visa expires when your spouse’s visa expires.
      Thanks,

  35. Maxine Hughes July 8, 2016 at 11:02 am - Reply

    Hi,
    My partner and I are going to get married soon and he has been offered a role relocating to NYC on an E2 visa (which I will then also get once we are married).
    My question is, once my E2 has been accepted, am I able to travel to the US, submit my EAD and come back to the UK whilst I wait for it to be authorised? Or do I have to stay in the US whilst it is processed?
    Thanks,
    Maxine

    • IanScott July 8, 2016 at 10:56 pm - Reply

      Thank you for contacting us. I do not believe you have to stay in the U.S. but would have to look it up to confirm. We would be happy to do this as part of our service should you decide to hire us to process your spousal E-2. Kind regards,

  36. Steve June 28, 2016 at 6:28 pm - Reply

    UCIS advises E2 dependent spouse (me) can apply for work authorization via I-765. The wording then changes from ‘work’ to ’employment.’ I already live in Cambridge MA and have a SS number but want to take up offers of actor work which I think would be self-employment. Can an E2 spouse be self–employed? Any ideas?

    • IanScott June 29, 2016 at 1:17 pm - Reply

      Thank you for contacting us. An E-2 visa spouse can work anywhere (including self employment) with an EAD card. Please contact us if you require assistance completing the application. Kind regards,

  37. sandy May 24, 2016 at 5:17 pm - Reply

    Hi Ian,

    I am working in US with a 18 months J1 visa and my boyfriend who is french works here with a E2 visa. I don’t have a Two years home requirement.
    We will get married soon and I would like to know, If I can apply for E2 spouse Visa here in US without going back to my country ?

    Thank you in advance,
    Sandy

    • IanScott May 24, 2016 at 9:51 pm - Reply

      Thank you for contacting us. You can apply for an E-2 visa after you are married as either a change of status (while here) or by going to a Consulate. Kind regards,

  38. len May 21, 2016 at 2:23 am - Reply

    my husband is an e2 visa holder. we, his dependent are not yet e2 visa holder and in the country of origin, when can we apply for the e2 visa while in our country or go to the USA and file e2 visa because we are b2 visa holder?
    thanks

    • IanScott May 21, 2016 at 2:28 am - Reply

      Thank you for contacting us. We would be happy to help you with your E-2 dependent visa. We can explain the process during a consultation or if you decide to hire us to process your petition.

      I look forward to hearing from you.

      Kind regards,

      • len May 21, 2016 at 2:40 am - Reply

        yes, we are ready to hire but just want to confirm if we (dependents) appply now or need to wait time before applying?

  39. Micaela May 3, 2016 at 5:55 pm - Reply

    Hi Ian,

    I am an F1 visa holder on OPT. My Opt will end this July. I applied for the H1 via premium and have yet to get a receipt, therefore, I believe I was not selected. If I were to marry my boy friend who is an E2 visa holder, how long would it take until I get my EAD and are able to work again? Is there any possibility it would be rejected?

    Thank you!

    • IanScott May 3, 2016 at 6:40 pm - Reply

      EAD would take 90 days but the change of status would have to be approved first and that could take several months depending on the backlog. Premium processing is not available for change of status requests.

  40. Robert F April 12, 2016 at 6:58 pm - Reply

    Hi Ian,

    I am a J1-IWT visa holder and my girlfriend is an E2 visa holder. We wil be getting married and I have been unable to find the process for applying for my E2 visa as a spouse given that;
    -My spouse’s E2 visa has already been activated
    -I am currently in the US

    I believe this comes under a “change of status” but I do not know how to initiate the proceedings. If you could point me in the right direction I would greatly appreciate it.

    Thank you in advance,
    Robert

    • IanScott April 12, 2016 at 7:49 pm - Reply

      Thank you very much for contacting us and we welcome the opportunity to help you with your legal needs.

      At your earliest convenience, we would be happy to offer you a consultation with one of our lawyers. If after the consultation you decide to hire us to work on your matter and your billing is greater than $2,500, our $250 one hour consultation fee will be waived and the amount will be applied towards your future bill. (As such, the consultation would be free).

      While some legal questions appear straight forward, most do not have a yes or no answer and a proper answer requires a review of the facts and circumstances as well as an application of legal knowledge. Moreover, almost all questions require follow up and additional analysis that is best done during a consultation.

      We look forward to working with you and please contact us if you would like to set up a consultation. For your ease of reference, I have included information below to set up a consultation.

      Please find attached our credit card link to make your $250 consultation payment for a one hour consultation. If you end up hiring the firm and your bill is greater than $2,500, we will apply this consultation fee to your final bill. Once we receive the payment, we can schedule and confirm your appointment. Please reach out if you have any questions.

      https://secure.lawpay.com/pages/scottlegalservices/operating

  41. Robert F April 12, 2016 at 6:51 pm - Reply

    Hi Ian,

    I am a J1-IWT visa holder who arrived in the US 2 weeks ago and my partner is an E2 holder who arrived in November.
    We will be getting married and are unsure on how I apply for an E2 visa as a spouse. Could you please advise on the application process?

    Thank you in advance,
    Robert

  42. Mario March 31, 2016 at 8:13 am - Reply

    Hey Ian,

    I am an E-2 visa holder and my wife has an E-2 as well. She will apply for the EAD.
    One question that is discussed frequently is if she can travel while her application process for the EAD is running. The following scenario:

    – She will come to the US in May for 2 weeks and would apply for the EAD (with her I-94 that she receives in May)
    – Afterwards she goes back to Germany for 2 month
    – When she enters backto the US, she gets a new I-94

    Does travelling and receiving a new I-94 number causing any troubles (except a possible biometric screening which she might need to do in the US) or can she travel back home and can back without delaying or denying the EAD process?

    Thanks in advance

    • IanScott April 2, 2016 at 8:06 pm - Reply

      Thank you very much for contacting us and we welcome the opportunity to help you with your legal needs.

      At your earliest convenience, we would be happy to offer you a consultation with one of our lawyers. If after the consultation you decide to hire us to work on your matter and your billing is greater than $2,500, our $250 one hour consultation fee will be waived and the amount will be applied towards your future bill. (As such, the consultation would be free).

      While some legal questions appear straight forward, most do not have a yes or no answer and a proper answer requires a review of the facts and circumstances as well as an application of legal knowledge. Moreover, almost all questions require follow up and additional analysis that is best done during a consultation.

      We look forward to working with you and please contact us if you would like to set up a consultation. For your ease of reference, I have included information below to set up a consultation.

      Please find attached our credit card link to make your $250 consultation payment for a one hour consultation. If you end up hiring the firm and your bill is greater than $2,500, we will apply this consultation fee to your final bill. Once we receive the payment, we can schedule and confirm your appointment. Please reach out if you have any questions.

      https://secure.lawpay.com/pages/scottlegalservices/operating

  43. Fernando Morales March 28, 2016 at 2:55 am - Reply

    I am with an E2 visa but one of my kids is 22 years old now, what can happen with his status even though his E2 was given until 2019. His I94 shows that he can only stay until june of 2016. Could you please tell me what options I have now for my son.

    • IanScott March 28, 2016 at 12:32 pm - Reply

      An E-2 visa is only available to a dependent child up until 21. I would have to assess your case further to see what (if any) other visa options exist. Please contact us if you would like to set up a consultation.

      Kind regards,

  44. Jack March 3, 2016 at 2:02 am - Reply

    I am a UK citizen holding an e-2 Visa in the US. I have a girlfriend in London who I plan to marry next year. Once we are married am I able to make her a spouse on my E-2 visa or would there be issues as we were not already married at the point I was given the visa?

    • IanScott March 3, 2016 at 2:06 am - Reply

      Thank you for contacting us. Once married, your spouse can get an E-2 visa. You do not have to be married on the day the visa was issued.

      Kind regards,

      • Jack April 16, 2016 at 4:10 pm - Reply

        Can you get a spouse visa as a fiance and not yet married ?

  45. Neil February 25, 2016 at 3:07 pm - Reply

    Hi,
    I am spouse of e-2 visa holder and we both are canadian citizens. I just came to know about EAD for me. I worked few hours last year without applying for EAD. My question, will it create problem in the future for green card if I apply now for EAD and should I apply for EAD now ? please advise. thanks.

    • IanScott February 25, 2016 at 3:18 pm - Reply

      USCIS has taken the position that EAD is required for an E-2 spouse so it could. I cannot answer whether you should or should not apply at this point but can only say that our position is that we advise all of our clients that they should apply for EAD prior to starting employment.

    • Ilwoolee July 10, 2016 at 2:25 pm - Reply

      Same questions
      Pls reply

    • N August 10, 2016 at 2:24 pm - Reply

      Hi

      I am also Canadian citizen, looking for more information about E2.

      Would be great if you can email me imneoo@yahoo.ca.

      Thanks a lot in advance.

  46. Joanne February 23, 2016 at 1:53 pm - Reply

    Hi,

    I’m a spouse on an E2 visa and don’t yet have my EAD (applied but not yet received). I have a job lined up that I am desperate to start and the lack of EAD is causing an issue. Please can you point me in the direction of the BIA ruling?

    Thank you.

    • IanScott February 23, 2016 at 2:24 pm - Reply

      Thank you for contacting us. The case is (Matter of Lee, 11/5/13)

  47. Jack February 2, 2016 at 10:06 pm - Reply

    Hi, I am from the UK.

    I am married to a Russian woman. Russia is not on the the treaty list for E-2 Visas however is she able to come as a spouse on an E-2 Visa?

    Thanks.

    • IanScott February 2, 2016 at 10:26 pm - Reply

      Thank you for contacting us. The spouse does not have to be from a Treaty country and she can get an E-2 visa as long as you have an E-2 investor or E-2 employee visa. Kind regards,

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