The article discusses frequently asked questions about issues that E2 dependent family members, including E2 visa spouse and children, face when it comes to getting employment, attending school and obtaining a social security number and health insurance.
E2 Visa Spouse and Child: Work Authorization in the US
Does my E2 visa spouse need a work permit to work in USA?
No. Generally, spouses of E2 investors or employees (except for spouses of E2 CNMI investors) are authorized to work in the United States “incident to status” with a valid E-2S status. This means that they do not need a separate work permit to work in USA. Instead, spouses receives E-2S status which can be used to work in the United States.
However, spouses of long-term investors in the Commonwealth of the Northern Mariana Islands (E-2 CNMI Investors) must apply for employment authorization (EAD card) to work in USA.
Please make sure your spouse’s I-94 status is recorded as E-2S as this serves as proof that they are authorized to work in the United States.
To start a new job, your employer will ask you to complete a Form I-9 Employment Eligibility Verification. The form is used to verify your identity and check the employment authorization of each new employee (both U.S. citizen and noncitizen).
An unexpired I-94 form showing E-2S status and a valid foreign passport are acceptable documents for E-2 visa spouses to prove work authorization during Form I-9 verification.
Where can my E2 visa spouse work?
With E-2S status, spouses have unrestricted work authorization. This means they can work full-time, part-time, or even be self-employed and start their own business.
The fact that E2 visa spouses can work anywhere offers a strategic advantage for couples seeking work flexibility in the United States. While the E2 investor can only work for the E2 business, the spouse enjoys unrestricted employment opportunities. Couples who want to engage in other business ventures in the United States can incorporate this into the E2 visa strategy.
Therefore, couples can strategically decide which spouse applies for the E2 investor visa based on their individual work aspirations. If one spouse desires more freedom to explore various business opportunities, they can be the dependent E-2S holder, allowing the other to focus on managing the E2 investment.
Can my children on E2 visa get a work permit?
No. E2 dependent children are not authorized to work in the US for any employer.
E2 visa Spouse and Child: SSN (Social Security Number)
What is an SSN (Social Security Number)?
Social security number is a nine-digit number issued in the United States by the Social Security Administration to US citizens, legal permanent residents (green card holders), and foreign nationals with a valid nonimmigrant status who are authorized to work in the United States. The number is used to track income, determine social security benefits and identify an individual for tax filling purposes.
Why do I need an SSN (Social Security Number) in the United States?
The social security number is important because it is needed for employment, health insurance, to track social security payments and set up tax withholding.
Social security numbers are also used by private parties such as banks and credit bureaus to identify and track personal and financial information.
Therefore, SSNs are usually required to open a bank account, purchase a car on credit, build credit history and rent an apartment in the United States.
The above-mentioned reasons are why individuals with nonimmigrant status, such as E2 dependent spouse and children, want to get an SSN even if they are not seeking employment.
Can my E2 visa spouse get an SSN (social security number)?
Yes. E2 visa spouse can get an SSN (Social Security Number). Since E2 spouses are authorized to work for any employer in the United States they can obtain an SSN. This makes it easier for E2 spouses to participate in the US workforce and build their credit history.
Can my E2 visa children get a SSN?
Children (unmarried and under 21) are not authorized to work in the United States with an E2 visa and cannot obtain a social security number. Children over 21 are not eligible for E2 dependent status.
Once a child turns 21, their E2 dependent status terminates and they need to explore other visa options to remain in the US.
How to apply for an SSN (social security number) with E2 visa?
E2 investors and their spouses can apply for SSNs after entering the United States. Here’s a two-step process to apply:
- Online Application: Begin by submitting an application for a Social Security card (Form SS-5) online through the Social Security Administration’s website.
- Local Office Visit: Once the online application is complete, schedule an appointment or visit a local Social Security Administration office in person. Bring original documents including passport, E2 visa, print out of most recent I-94 record with E-2 or E-2S status, completed form SS-5 and any other applicable documents.
The SSN by itself is not evidence of employment authorization but is necessary for a person employed in the United States to receive wages with proper payroll tax and deductions.
Studying on E2 visa
Can I study while on E2 visa?
Yes. The U.S. Immigration and Customs Enforcement (ICE) clarifies that E2 visas allow holders to study in the United States, including both the principal visa holder and their spouse and children. This information is detailed in a helpful chart provided by ICE that outlines which visa classifications permit the holder to study.
However, it is important to keep in mind that the E2 investor’s primary purpose is to develop and direct the E2 business in order to create jobs and contribute to the US economy. Studying should be an incidental activity that does not interfere with this primary purpose.
The E2 investor can study on an E2 visa but only if attending school is incidental to the primary purpose. Ultimately, the E2 visa is intended for the investor to manage a business and not to be a full-time student.
If an E2 investor’s main purpose shifts to attending school, then they should apply for a more suitable visa such as F-1 student visa, J-1 exchange visitor, or M-1 vocational student. The good news is that as long as the E2 investors can fulfill the primary purpose of running their business then they can simultaneously pursue a degree.
This analysis does not apply to E2 visa dependent family members. Spouses and children of E2 visa holders can freely study in the United States.
Can my E2 visa spouse study while on E2 visa?
Yes. Spouses of E2 visa holders are allowed to study in the US at any level, including high school, college or university, master’s and PhD levels. E2 spouses can attend both private and public institutions.
However, the spouse of an E2 investor or employee does not have the same access to scholarships as US citizens or US permanent residents (green card holders).
Can my children study while on E2 visa?
Yes. E2 visa dependent children (unmarried and under 21) can study at either high school or university/college level while in the US.
E2 spouse visa interview
What to expect at your E2 spouse visa interview?
If you are applying for E2 visa as a spouse, then you attend an interview as part of your application process.
Spouses and children over 14 must attend an E2 visa interview. Children under 14 are not required to attend an interview for their E2 visa. In these cases, one of the parents (either the principal E2 visa holder or their spouse) can submit an E2 visa application on form DS-160 on behalf of their child and bring the child’s passport and birth certificate to the interview.
The E2 spouse visa interview is less rigorous compared to the principal investor’s interview. The E2 spouse visa interview focuses on confirming the spouse’s identity, ensuring they meet the E2 visa requirements, and verifying their admissibility to enter the U.S.
Here are some common interview questions for E2 spouses:
- What is your occupation?
- Have you ever visited the United States? If so, when?
- How long have you stayed in the US on your trip?
- What are you planning to do in the United States?
- When and where did you marry your spouse?
E2 spouse visa documents
Generally, you do not need to submit documents in advance of your interview. You must bring the following documents to your E2 spouse visa interview:
- DS-160 confirmation page
- Proof of payment for E2 visa application fee
- Valid passport (origina)
- Marriage certificate (original) and certified translation, if applicable
- Birth certificate for dependent children (original) and certified translation, if applicable
- Copy of principal applicant’s E2 visa
E2 visa health insurance
Unlike many countries, the United States does not have government run universal healthcare. It is up to each individual to obtain their own health insurance. Most working age adults in the US have health insurance provided by their employer or have purchased their own health insurance from the ACA Health Insurance Marketplace known as Obamacare.
For E2 investors or employees, health insurance can be obtained through the E2 business. However, small businesses can face hurdles due to either cost or regulation to provide health insurance as a benefit to their employees.
Health insurance for the E2 family can also be provided through the E2 spouse’s employer. Sometimes the employer will cover the monthly health insurance premium only up to certain amount and the remaining being the responsibility of the employee.
If obtaining health insurance through the E2 company or a spouse’s US employer is not feasible or available, the E2 family, including spouse and children can purchase insurance from ACA marketplace.
E2 visa and tax credit for health insurance
E2 visa holders and their dependent family members, including E2 visa spouse and children, are not eligible for the tax credits available when purchasing insurance through the ACA marketplace (Obamacare).
E-2 visa holders should be aware that misrepresenting information on a health insurance application to qualify for a tax credit is illegal and could lead to serious consequences for their current and future immigration status.
Malescu Law can assist
Our experienced E2 visa lawyers have successfully assisted investors and their family members obtain an E2 visa. If you want to obtain an E2 visa, contact our experienced E2 lawyers in Miami, Florida USA or schedule a consultation.
We serve individuals and companies throughout the United States across all 50 states, the District of Columbia and Puerto Rico.
Contact us or schedule a consultation.
Malescu Law P.A. – Business & Immigration Lawyers
