E2 Spouse with EAD Question

[alanbcook]

This point has come up on another forum and i am looking for clraification,

I have seen many time son this forum that a dependant spouse of an E-2 principal may after obtaining a valid EAd work authorization work for whomever he/she likes, i assume this to mean that the spouse can also work for the principles E2 corporation as the US corporation is simply an employer just like any other company, please coorect me if i am wrong.

On another forum it has been said that the E2 spouse with EAD may work for any employer except the E2 principals corporation?

I have checked and rechecked the USCIS site that issues the EAD and it only refers to permission to work for any employer, no mention is made of restrictions against working for the E-2 coporation

Clarification would be greatly appreciated

Thank You

Alan

[chris]

I too read it on the other forum and answered it. I have no idea how someone came up with the conclusion that the spouse cannot work for the E2 business. it is a nonsense.
To keep things simple just stand back and look at the facts of the matter, NOT who's married to whom.

The E2 business is a US company (usually a corporation) and therefore is on an even playing field with other US companies in so far as hiring practises.

The E2 spouse is entitled to an EAD which gives the authority to work period. The only preclusion would be where the employer is entitled to restrict hiring to USC's such as federal, police, etc.

By the same situation, there is nothing to stop an EAD spouse setting up a US business and growing it to the point where they could sponsor a non-US citizen with the required skills for a specific job, subject to Labor Dept certification. An E2 principal visa holder can also be offered sponsorship by a US company and subject to a GC being available could be hired. That would of course lead to LPR status for the E2 principal visa holder, which in turn would lead to LPR status for spouse.

I am not an attorney, don't profess to be one, but I just look at the guidelines and try not to read too much into them.

[peter gold]

100% agree with Chris with nothing to add

[alanbcook]

Thanks guys, i was certain this was the case and am presently working for my Wife's E2 company so you can understand why i wanted to get clarification when i read this.

Alan

[peter gold]

Perhaps you should not bother reading "the other Forum"

[hollaka79]

Am I reading this right then, if your husband/wife is E2 holder and you are a "dependant" with an EAD can your husband/wife then sponsor you for GC via employment?

Getting all confused, should get back to cleaning instead of wearing my little brain out

:)

[chris]

Hollaka,
You are falling into the trap that most fall into - you are relating the situations to husbands and wifes - DON"T.

The simple facts are that a spouse is entitled an EAD and hence can start their own business in deference to working for someone. That business would be a US business and a corporation or LLC. If that business was successful and growing, then it could decide to advertise a job requiring specific skills to do that job. That job could attract USC's or it may not not. If it didn't and the employer decided that the right person for the job was a non USC, it could decide to sponsor that individual. It would have to get Labor Dept certification. The marital status of the individual has nothing to do with the situation as the employer is the corporation.

The E2 principal holder is restricted to working only within the confines of his/her business. However, there is nothing to stop that Visa holder from applying for a permanent job with a US company and being sponsored. I will look for the USCIS guidelines and post them when I find them.

Notice in all this I didn't mention the marital status of anyone? That's how you have to view it.

[alanbcook]

Chris,

Absolutely, this is the way i have always understood it, and the way it was explained to me 7 years ago by our initial Visa Attorney.

As a spousal EAD holder you can work for any US corporation, including the one owned by the E2 principal, or indeed start a new one.

As an E2 Principal you may only work for the E2 Corporation granted that status, i am sure you can look for a job however if you accepted one surely you would need a status change before you started working? just a thought!

Thanks

Alan

[Susie]

100% agree with Chris with nothing to add

me too, so long as spouse has work authorization she can work for anyone, which includes setting up her own biz

[Susie]

Chris,

Absolutely, this is the way i have always understood it, and the way it was explained to me 7 years ago by our initial Visa Attorney.

As a spousal EAD holder you can work for any US corporation, including the one owned by the E2 principal, or indeed start a new one.

As an E2 Principal you may only work for the E2 Corporation granted that status, i am sure you can look for a job however if you accepted one surely you would need a status change before you started working? just a thought!

Thanks

Alan

Your E 2 corporation can work for anyone, eg you but the corporation gets paid not you

You can also start up other corporations so long as the E 2 corporation owns the new companies 100$

[Callie]

Ok Getting the gist of this.
However, if like us you are on an L1 being sponsered by UK company to open new into USA.Hubby & daughter are L2. Hubby has applied for EAD.(3mth waiting list)
When he gets his EAD can he start his own business? He is a dependant of me who was sponsered by UK company so he could not use that corporate umbrella? :)

[chris]

Callie,
STOP dragging marital status into the damn situation, it just muddies an already muddy picture. Look at things from the simple perspective of Principal Visa holder, Corporation, EAD holder.

I said in an earlier posting I would post the Q&A information that the USCIS Teleservice use for their phone in questions and answers. Here is what they quote on E'2 and changing to LPR.

QUOTE:
Question
Can an individual seeking an E2 or an employer petitioning for an E2 employee file form I-129 for an E2 with the intent of ultimately petitioning for permanent resident status?
Answer
An E2 alien shall maintain an intention to depart the US upon expiration or termination of their E2 status. When applying for the temporary visa, nearly all non-immigrants must prove that they only intend to work in the US for a temporary period of time.
HOWEVER, E2 non-immigrant workers can be beneficiaries of an immigrant visa petition, apply for adjustment of status or take other steps toward 'lawful permanent resident' status WITHOUT affecting their non-immigrant temporary worker visa status.
NOTE: 'intent' as used here only applies to the employers' intention at the time of filing of form I-129"
END QUOTE

That is from the horses mouth. Don't read marital status of anybody in that. Just read employer, employee, etc.
We British are generally a clever, educated lot but I do feel sometimes we think too much and read too much into things, when it's pretty clear to begin with.

[peter gold]

we also read other forums and much innacuracy being posted there

[Callie]

sorry :(

I was actually asking about an L2 not an E2 but whatever, I shall continue to seek the answer

[Ray10]

when he gets his ead can he start his own business? ? :)

yes

[chris]

Thank you Ray.
You also were the person who posted the USCIS crib notes on the other Forum which I quoted from yesterday.

[Ray10]

Thank you Ray.
You also were the person who posted the USCIS crib notes on the other Forum which I quoted from yesterday.

Im a gadabout

[bizboots]

I had asked our lawyer this same question some years ago, he said that it IS possible, but you have to have the same nationality, so that did not work for us.

Am I reading this right then, if your husband/wife is E2 holder and you are a "dependant" with an EAD can your husband/wife then sponsor you for GC via employment?

Getting all confused, should get back to cleaning instead of wearing my little brain out

:)

[bizboots]

I ment for an E2 manegarial

I had asked our lawyer this same question some years ago, he said that it IS possible, but you have to have the same nationality, so that did not work for us.

[chris]

BizBoots,
I have no clue what you mean 'same nationality'? What has that got to do with the price of fish?
The spouse of the principal E2 Visa holder is entitled to an EAD. It matters not whether they have 3 eyes, green skin and have just landed here from Mars. If they are the spouse they get the EAD. PERIOD.
I am starting to prepare my very wet and sweaty sock to beat round the head of the next person who doesn't get it.:p:p:p:p:p:p:p:fit::fit::fit::fit::fit:

[bizboots]

Sorry, cut my head of , I am so darn blonde at times, ayway I am a dependent E2 spouse with EAD and have been on the payroll of our own company for years


BizBoots,
I have no clue what you mean 'same nationality'? What has that got to do with the price of fish?
The spouse of the principal E2 Visa holder is entitled to an EAD. It matters not whether they have 3 eyes, green skin and have just landed here from Mars. If they are the spouse they get the EAD. PERIOD.
I am starting to prepare my very wet and sweaty sock to beat round the head of the next person who doesn't get it.:p:p:p:p:p:p:p:fit::fit::fit::fit::fit:

[kirtida8]

Chris, I think Bizboots meant that the E-2 managerial visa is supposed to be for the same nationality as the E-2 principal who is applying - this has nothing to do with the EAD.

[chris]

BizBoots.
Right...let's forget who's married to whom first and look simply at the bare facts.
The E2 Principal is what sort of legal enterprise? A US Corporation I guess. Therefore, the US company wants to employ a non US citizen. It may be that the person the US corporation wants to sponsor is a UK citizen or it could be that the individual is a Dutch or German national (can't remember which you are). Where is the complication in that?

[idemi]

Hi everybody,

I am new to this visa information. Can you tell me what the letters EAD stand for? I am Spanish but I live in France and will be trying to ask for a E2 from France with my husband (who is French).

Thank you,

Iziar

[Ray10]

Employment Authorization Document

[bizboots]

EAD stand for Empolyment Authorization Document and is for a spouse of an E2 Visa holder to be able to work


Hi everybody,

I am new to this visa information. Can you tell me what the letters EAD stand for? I am Spanish but I live in France and will be trying to ask for a E2 from France with my husband (who is French).

Thank you,

Iziar

[kirtida8]

Hi and :welcome: to the forum idemi. I hope that you find it helpful as you make your way through the visa process and hope you keep us informed of any problems you encounter along the way. Good luck :)

[Clulavado]

I have a 3 year spouse visa but divorced last year. My wife confirmed with immigration that my visa will still be good till the end of the term even though divorced. My question is this...I have 2 sons here with my ex wife. I wish to stay after my visa expires to be near them. Is there any visa I can get other than a work visa or spouse visa? I dont work for a company as I only teach all private English lessons so I cant get a work visa sponsored. Also if I decide to return to the US at the end of my stay do I need to go to the immigration office for anything? thanks