E2 Visa Spousal Work Permit – Enjoy!
Working in the United States on an E2 Visa
For many of our current and prospective clients, the E2 Visa functions as a pathway into the United States. After investing a substantial amount of funds into a US Business, clients become extremely motivated to expand their horizons.
Typically, one spouse will handle the day-to-day operations of the E2 Business, leaving the other spouse completely free to explore and expand their own careers in the US.
Our firm specifically works with both spouses to ensure that their stay in the US meets their expectations.
For the spouse who is less involved in the E2 Business and would like the opportunity to continue to develop their careers, we can apply for and secure an Employment Authorization Card for them, so let’s talk about that.
The Employment Authorization Card, “EAD”
In situations where the E2 Visa Investor is married, the spouse will not be restricted in their ability to achieve their American Dream. USCIS allows the accompanying spouse to apply for an E2 Visa Work Permit after arriving in the United States on a valid E2 Investor Visa or E1 Treaty Trader Visa. This work permit is known as the “Employment Authorization Card,” or for short, an “EAD Card.”
Having this option available to our E2 visa clients is significant for both the E2 Visa Investor and their accompanying spouse. First, while the E2Visa Investor is maintaining and working with the business to maintain or create at least 2 American Jobs, the spouse can work towards securing more permanent status in the United States.
For the working spouse, their possibilities of employment are almost endless. With exception of certain high security government-related jobs and jobs that specifically require US Citizenship like, for example law enforcement jobs, the working spouse can pursue any field of their choosing. For example, the E2 Visa spouse can function as an employee in the E2 Visa business or they could start their own secondary business, or of course join a company or organization that matches their interests.
Pathway to Green Card for the Entire Family
While the E2 Investor Visa does not provide a direct pathway to permanent residence, the working spouse could very well pave the way to securing permanent status for the entire family in the United States by qualifying for either an EB3 Green Card, EB2 Green Card, National Interest Waiver Green Card or EB1 Green Card.
We have created links to all of these options but first let me summarize them here as follows: –
The EB3 Green Card – BA Graduates and Skilled Workers – The EB3 Green Card is available to anyone who has a BA degree or higher, or a level of certification for a job that requires at least two years of formal training. For example, a Nurse, Plumber, Programer, Designer, etc., are candidates for the EB3 Green Card.
The EB2 Green Card – Advance Degree Graduates/Exceptional Ability – The EB2 Green Card is available to anyone who has an advanced degree such as a PHD, Law Degree, MA, MS, etc. Individuals who have BA and five or more years in the industry would also qualify for this immigrant petition, provided that they have a US employer willing to sponsor the petition.
The National Interest Waiver (NIW) Green Card – The NIW green card is available to anyone who works in a career where it can be shown that their skills could serve a US national interest. We have seen success working with individuals who made an impact with their careers in the military, sciences, or at the governmental level.
Why Not Just Apply for an EB3, EB2 or NIW Without an E2 Visa?
US employers receive applications for their vacancies all of the time, mostly from Americans looking to take up that employment. The applicants can invariably begin their employment almost at once, without any need for US government processing or payment of fees. Therefore, when an alien applies from overseas without an independent right to take up employment, their application often goes to the bottom of the pile. This is a common occurrence as many employers refrain from hiring foreign employees since they do not want to go through an exhaustive immigration process.
Because theEB3 Green Card, EB2 Green Card, National Interest Waiver Green Card and EB1 Green Card application are immigrant petitions, they can take anywhere between 8 months to 2 years before an individual is eligible to actually work in the United States. Therefore, for E2 visa spouses with their own independent Employment Authorization Card / Work Permit, they can apply for any job they wish and all the US employer has to do is say, – Yes!
Getting Your EB3, EB2 or NIW Green Card
Ok, so you have used your E2 Visa Employment Authorization Card to secure your job, the next step up the ladder is to get your EB3, EB2, NIW Green Card. If your employer is really pleased with your service, you can discuss the possibility of them sponsoring you for your green card. If your employer is willing then all you have to do is call us and we will walk both you and the employer through the process. Depending on the type of green card you will qualify for will determine how long it will actually take to secure your green card. The process could take anywhere from 8 months to 5 years.
Getting Your EB1 Green Card Without Needing a US Employer
The EB1 Green Card, grants Green Card (Legal Permanent Resident) status in the United States with the possibility of citizenship after five years for “Aliens of Extraordinary Ability.” An Alien of Extraordinary Ability is a highly accomplished professional who has reached the top of their field. In order to qualify for this Green Card Option, US Immigration requires the applicant to satisfy any three of the 10 following categories on the EB1 Checklist.
As your E2 Treaty Investor lawyer, we can provide you with specific guidelines and formulate a plan to develop you or your spouse profile, towards meeting all of the EB1 Green Card Requirements. We always suggest that the spouse with more business sense and motivation handle the E2 Business, while the spouse who has the greatest potential towards qualifying for an EB1 Green card pursue this option.
Remember, your E2 visa should be regarded as the first step in your journey. You relocate on your E2, but you secure your future on with a green card.
We Can Help
Whether you already have an approved E2 Visa, or are considering the E2 Visa as your immigration option we can assist you through the entire process. Our firm has years of experience with E2 Visas, and will work towards ensuring that both the E2 accompanying spouse and the E2 Investor are comfortable in their roles while in the United States. Check out our Approvals Gallery to see our firms success securing E2 Visas for our clients.
Call us today or fill out the free consultation form on this page to schedule your free phone consultation. We look forward to hearing from you soon and guiding you through the E2 Visa and EAD process.
US Immigration Law Offices of Chris M. Ingram
Chris M. Ingram LL.M., ESQ – Immigration Attorney
Admitted in New York.
Practice Specializing in US Immigration Law
401 Wilshire Boulevard, 12th Floor,
Tel: 310 496 4292
Everyday the Law Offices of Chris M. Ingram provides a comprehensive range of US Immigration expertise. We also provide a free consultation for our prospective clients.
Please note that nothing contained in this website or link therefrom shall be regarded as providing legal advice. Please contact us directly for legal advice specific to your situation. Thank You.
Specializing in the E2 Visa, EB1 Green Card, L-1A Visa and O1 Visa and K1 Visa Marriage-Based Immigration. Attorney Chris M. Ingram is dedicated to providing the very best in US Immigration legal representation. Enjoy our website.
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