Skip to main content

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

By September 1, 2014May 7th, 2021E-2 Visa, Immigration, Investor Visas

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)

FREE E-2 Visa Resources

Click on the buttons below in order to claim your free E-2 Visa Guide, sign up for our free E-2 Visa Webinar, join our Facebook Group, or watch our E-2 Visa videos.

Download E-2 Visa Guide
Sign Up For Our E-2 Visa Webinar
Join Our E-2 Visa Facebook Group
Watch Our E-2 Visa Videos

Set up an E-2 Visa Consultation

For a dedicated one-on-one E-2 Visa consultation with one of our lawyers, click on the button below to schedule your consultation.

Schedule a consultation

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.

125 Comments

  • Hello as a E2 spouse do I need a separate EAD to work at our E2 business. My husband is the visa holder but we are partners in the company.

    • IanScott says:

      Thank you for contacting us. We appreciate your business and look forward to helping you. Please find attached a link that you can use to set up a 30 minute ($150) or 1 hour ($250) consultation. The system allows you to select a lawyer and a day and time that is convenient to you. 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. Please reach out if you have any questions.

      https://ScheduleScottLegalConsultation.as.me/

      Kind regards,

  • sabrina says:

    Can E2 dependent minor children get elementary/high school education like US residents? is it going to be residents tuition fee or international

    • IanScott says:

      Thank you for contacting us. We appreciate your business and look forward to helping you. Please find attached a link that you can use to set up a 30 minute ($150) or 1 hour ($250) consultation. The system allows you to select a lawyer and a day and time that is convenient to you. 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. Please reach out if you have any questions.

      https://ScheduleScottLegalConsultation.as.me/

      Kind regards,

  • Michael says:

    Hello,

    I have been granted an E2 visa (being a spouse of the principal E2 investor).

    Is it possible, after entering the US on this E2 visa and after applying for my EAD whilst in the US (using forms I-765 and G-1145), to travel abroad during the application process?

    Thank you

    Kind regards,

    Michael

    • IanScott says:

      Thank you for contacting us. We appreciate your business and look forward to helping you. Please find attached a link that you can use to set up a 30 minute ($150) or 1 hour ($250) consultation. The system allows you to select a lawyer and a day and time that is convenient to you. 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. Please reach out if you have any questions.

      https://ScheduleScottLegalConsultation.as.me/

      Kind regards,

  • Masayo says:

    Hi,

    I’m a spouse of an E2 Visa holder. I would like to apply for EAD but I don’t have these following documents
    any previous employment authorization card issued (front and back)
    any previous I-797 approval notices for employment authorization
    Can I apply without these documents? I have SSN already.
    Thank you,

    • IanScott says:

      Thank you for contacting us. We appreciate your business and look forward to helping you. Please find attached a link that you can use to set up a 30 minute ($150) or 1 hour ($250) consultation. The system allows you to select a lawyer and a day and time that is convenient to you. 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. Please reach out if you have any questions.

      https://ScheduleScottLegalConsultation.as.me/

      Kind regards,

  • Timofei Komarov says:

    Hello! I have 2 passports: Russian and Israel. I want to apply for E-2 Visa as an Israel citizen. My wife and I have Russian marriage certificate as a Russian citizens. Could it be a problem for her to get visa?

    • IanScott says:

      You can apply under the passport from Israel. The spousal passport is not relevant.

      Thank you for contacting us. We appreciate your business and look forward to helping you. Please find attached a link that you can use to set up a 30 minute ($150) or 1 hour ($250) consultation. The system allows you to select a lawyer and a day and time that is convenient to you. 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. Please reach out if you have any questions.

      https://ScheduleScottLegalConsultation.as.me/

      Kind regards,

  • chris bourguignon says:

    HI,

    I am spouse of e-2 visa holder and I have my work permit. However, my spouse will change company but still be on a e-2 visa. Do I need to change the work permit?

    Thank you!

    • IanScott says:

      Thank you for contacting us. We appreciate your business and look forward to helping you. Please find attached a link that you can use to set up a 30 minute ($150) or 1 hour ($250) consultation. The system allows you to select a lawyer and a day and time that is convenient to you. 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. Please reach out if you have any questions.

      https://ScheduleScottLegalConsultation.as.me/

      Kind regards,

  • Raed says:

    If I’m in US now and I change my status from B2 to E2 Status, can my spouse and child apply for visa through counselor?

    • IanScott says:

      Thank you for contacting us. We appreciate your business and look forward to helping you. Please find attached a link that you can use to set up a 30 minute ($150) or 1 hour ($250) consultation. The system allows you to select a lawyer and a day and time that is convenient to you. 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. Please reach out if you have any questions.

      https://ScheduleScottLegalConsultation.as.me/

      Kind regards,

  • Pierre says:

    Hi, My wife is a teacher and she found a job in Florida while being in France. She will start in August but I don’t think she will be able to have her EAD card on time. Is it possible to start a job, if the EAD card is in process?

  • Laura says:

    Hi, I’m on a E2 spouse Visa and I’ve been working in California with no work permit. Until my company that I’m working for did an e. verify 6 months later and are asking me to provide a work permit. Meanwhile I’m expecting to get fired since I cannot work without this work permit. My question is if it’s legal to e verify existing employees?

  • Dan says:

    Hi I have a an e-2 visa and I currently work in the UK, if I were to marry her and she were to relocate would she be able to work or is it only before I got the e-2 visa?

  • isabelle Le Bihan says:

    Hello,
    I’m a E2 holder and need to know if my husband (E2 dependent) can work in my business or only outside? is there a law/requirement about that? Thanks for your answer

  • Matteo says:

    Hi,
    my wife is getting a job sponsorship in California. Would my wife take the same visa from the company? Can I work with an EAD work permit? Thank you for your efforts to keep this tread active!
    Kind Regards

  • Rosie Kawakami says:

    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.

  • Pietro says:

    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!

  • Ruben Barbera says:

    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,

  • Leticis says:

    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?

  • Yoshi Ichikawa says:

    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?

  • gmc says:

    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 says:

      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.

  • Frank Wong says:

    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.

  • andreon says:

    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?

  • Nida says:

    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?

  • Andrea says:

    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

  • Junaid Ahmed Memon says:

    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?

  • Glc says:

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

  • Dave H says:

    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?

  • Saadman says:

    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?

  • Emre Ye says:

    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 says:

      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.

  • Daniela says:

    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 says:

      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

      https://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,

  • LP says:

    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?

  • Mack says:

    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.

  • Umi says:

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

  • Bob says:

    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?

  • Boris says:

    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 says:

      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,

  • Ck says:

    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 says:

      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

  • Sukhi says:

    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 says:

      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,

  • Max says:

    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

  • Max says:

    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

  • Matt Jambor says:

    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 says:

      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 says:

      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.

  • Dimitri says:

    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 says:

      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

  • EMAD says:

    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 says:

      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,

  • Sunny says:

    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 says:

      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

  • Kat12 says:

    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 says:

      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,

  • Reggi says:

    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 says:

      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,

  • Kerry says:

    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?

  • Alec says:

    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 says:

      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 says:

        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!

  • Raphale says:

    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

  • Maxine Hughes says:

    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 says:

      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,

  • Steve says:

    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 says:

      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,

  • sandy says:

    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

  • len says:

    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 says:

      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,

  • Micaela says:

    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 says:

      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.

  • Robert F says:

    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 says:

      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

  • Robert F says:

    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

  • Mario says:

    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 says:

      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

  • Fernando Morales says:

    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 says:

      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,

  • Jack says:

    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?

  • Neil says:

    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.

  • Joanne says:

    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.

  • Jack says:

    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.

Leave a Reply to Raed Cancel Reply

FREE WEBINARS
GET YOUR FREE
We are happy to offer our E-2 visa guide that describes the E-2 visa requirements, and other advise to assist with your E-2 visa application.
E-2 VISA GUIDE
For more info visit our E-2 visa service Page or schedule a consultation so we can handle your E-2 visa process.  You can also sign up for a Free E-2 Visa Webinar here.