We recently had an employment work authorization also known as a EAD card approved for spouse of E-2 visa holder in the state of Florida. The EAD was approved and issued for 2 years, the maximum period allowed under the E2 regulations. For this E2 case where the spouse was in the United States, the USCIS approved the EAD for the spouse without a Request for Further Evidence (RFE), but the overall processing time was long, over 7 months.
Please note that on November 12, 2021, the United States Citizenship and Immigration Services (USCIS) changed its policies regarding EAD for spouses on E2 visa status and announced that E2 spouses will no longer need to apply for an EAD and instead their work authorization will automatically accompany their status and will be noted on their form I-94. USCIS is expected to implement changes to Form I-94 for E-2 work permit by March 2022 but until then you can continue to file for EAD with USCIS or travel outside the United States and upon return ask the U.S. Customs and Border Protection Officer to place a stamp on your passport that you are E-2 Employment Authorized or wait until the changes are implemented and after, travel outside the United States to obtain an automatic I-94 employment authorization notation. To learn more, visit EAD changes for spouses on E2 visa an other visas.
What Is E-2 Visa?
The E-2 visa is a U.S. nonimmigrant visa designed for individuals who make an investment in a commercial enterprise in the United States. The E-2 Investor Visa allows a national of an E-2 treaty country to temporary come to the United States together with their spouses and children to live and work on E-2 dependent visas for family members. To learn more about dependent children aging out of E2 visa, visit Children Aging Out of E2 Visa: What are Their Options?.Â
The E-2 spouse has an unrestricted right to work in the United States for the duration of the E-2 status.
To qualify for E-2 visa, you can start a business in the US, or buy an existing business or franchise. To learn more, visit Buying a Business for E-2 Visa and for franchising in the US, visit franchising solutions.
Additionally, you can bring executives, managers and essential employees on E-2 visas. These employees can provide crucial support in managing and growing your business.
The E-2 visa can be renewed indefinitely as long as the underlying US business stays operational and retains qualified employees. To learn more about E-2 visa renewals, visit E-2 Visa Renewal Process and Processing Time.
Why Partner With Malescu Law
Our E2 visa lawyers specialize in E-2 visa applications, including those involving existing business acquisitions, holding companies or complex corporate structures.
We have successfully assisted many citizens in securing E-2 visas for themselves and family members.
If you are interested in obtaining an E2 visa, contact us or schedule a consultation with our experienced E2 visa lawyers.
We serve investors, businesses and entrepreneurs across all 50 states, the District of Columbia and Puerto Rico.
Malescu Law P.A. – Immigration Lawyers