I-765 (Employment Authorisation Document)

[DavidL]

For those on either an E or L visa, this could offer potential benefits for the spouse to go and work for someone else and possibly finding a sponsoring company for Labor Certification. Now you don't need to be an immigration specialist to complete of one of these online. I spoke to some attorneys who wanted between $1000 and $3000 to complete the process in addition to the $180 filing fees which includes the cost of the finger printing. It took me 20 mins and I had my fingerprinting done the next day, thus indicating that if I can do it then so can everyone!! It's taking around 7 weeks at the moment to process the application. I believe that it opens up some new avenues especially if you want to do realty work or start another company as the I-765 gives you the flexibility of working for an unlimited amount of employers.

[charliesmum]

David

What's the situation on that if you are here on a joint E2?

A friend of mine in Sarasota came here on joint E2 and because their business didn't work out for them, she has now got an authorisation number and has got a job that she will be starting soon. Her husband has started cleaning pools and has bought himself a truck and finding jobs as he goes along. They had 5 years when they first arrived and have been here 2. He's hoping his business will have built up by the time their renewal comes through.

Zoe

[pags]

what about if say you are 51% and 49% under E2 --could you swap the shareholdings around--and then the one who was previously the 51% go and get EAD to work as whatever?

[DavidL]

David

What's the situation on that if you are here on a joint E2?

A friend of mine in Sarasota came here on joint E2 and because their business didn't work out for them, she has now got an authorisation number and has got a job that she will be starting soon. Her husband has started cleaning pools and has bought himself a truck and finding jobs as he goes along. They had 5 years when they first arrived and have been here 2. He's hoping his business will have built up by the time their renewal comes through.

Hi Zoe

For a belt and braces approach we held a bored meeting and I was made an offer for my shares that I couldn't resist. My own investigations led me to understand that if you are 50/50, then you need to complete a share reorganisation so that there is a majority holder by completing a stock transfer and providing an audit trail of the money transaction. Typically, the the one who will be apllying for the I-765 will sell his/her shares at cost price to the other spouse who will remain on the L or E visa. Because the sale price will be the cost price, then there will be no capital gain to the spouse who 'sells out.' Be prepared to furnish pre and post contract share/stock certificates and proof that the transaction took place. After all this is a serious transaction and not Mickey Mouse stuff!! Please note that I am not recommending this to anyone, but just the potential benefits of doing so and you should always 'seek' legal advice from a competent person. Please note that a person may not be a human but a partnership or corporation!! The value of shares may go down as well as up and you may not get back what you originally invested and past performance is not neccessarily a guide to the future and we may be in for a bad hurricane season this year and the price of gas may well rise above $3.25 per gallon and the Easter Bunny may not be real:cool: That aside, the only obstacles in life are the ones we create!!

Zoe, how did your Sarasota lasy friend obtain an EAD?

[DavidL]

what about if say you are 51% and 49% under E2 --could you swap the shareholdings around--and then the one who was previously the 51% go and get EAD to work as whatever?

Hello Pags,

As you know in the financial world, anything over 50% makes you a 'majority holder.' That aside, from the 'humans' that I spoke to, 50.1% or above would not be enough. Just my opinion of course and with an EAD you can work for your partner/wife if needs must!! I am not sure if you will ever obtain a definitve answer of 100/0 or 60/40 or 70/30 and so on. For me, its better to play safe.

[JulieC]

All that is fair enough David but if it still says full E2 holder and not E2 dependant on someones passport, will Texas issue them an EAD merely on proof that you have adjusted the shareholding or does the visa need changing?
I did my own EADas an L2 dependant BTW and it was easy,

[pags]

So by changing the shareholding does this automatically swap over who is the "master" visa holder and who is the dependant spouse? is there paperwork required to change the dependent spouse that has to sent off to th embassy or wherever at this time?? or is it picked up on the renewal via the stock transfer forms?

Also here's a request for a yes/no answer....can the dependent spouse work for the E2approved corporation as well as the E2 holder>?

[DavidL]

All that is fair enough David but if it still says full E2 holder and not E2 dependant on someones passport, will Texas issue them an EAD merely on proof that you have afjusted the shareholding or does the visa need changing?
I did my own EADas an L2 dependant BTW and it was easy,

Hi Julie,

I did ask the Texas service center and they confirmed that they do not ask for a copy of the passport or a copy of the visa, but one must be prepared to furnish new share certificates and an audit trail if they request it. I did explain that I last reentered the USA in Dec on my E2 principal visa and that the share structual change had only recently taken place. I did ask if the visa needs changing and was told no, but I did make a note of the employee ID number for when/if they deny this.

[DavidL]

So by changing the shareholding does this automatically swap over who is the "master" visa holder and who is the dependant spouse? is there paperwork required to change the dependent spouse that has to sent off to th embassy or wherever at this time?? or is it picked up on the renewal via the stock transfer forms?

Also here's a request for a yes/no answer....can the dependent spouse work for the E2approved corporation as well as the E2 holder>?

Yes, I guess you could look at a Master/Slave relationship depending on who has the majority shareholding:rolleyes: My personal view is that there needs to be a big distinctive difference between one and the other i.e I don't think 51/49 would wash. I was told that if I renew on E2 then the information is submitted on form DS-156E and that I should supply them with pre & post share certs and a copy of the money transaction.

Pags, once you have an EAD, you can work for anyone you like which includes your E2 spouses company.

[pags]

DavidL

great thanks--you are confirming exactly what the 2 lawyers told me today
a) spouse of E2 holder can work for ANYONE incluDing the spouse so long as they have EAD

b)presume toconfirm the bone-fide movement of shares -you would get the wife/husband to actually make out a check , copy it, deposit it (keep bank statement)record the movement of shares and that it

since most people will have either 100 or 1000 shares of $1 i imagine then the actual money involved is negligible-but the freedom it buys is massive

[pags]

also
couple of points on the effect of this

OWNER BENEFIT--presume this is both spouse +dependant added together if both take income from the E2 business? or is it just the E2 holder?

so if E2 took say 50k and the spouse paid salary of 30k=80k or is it just 50k owner benefit?

clarify??

[DavidL]

DavidL

great thanks--you are confirming exactly what the 2 lawyers told me today
a) spouse of E2 holder can work for ANYONE incluDing the spouse so long as they have EAD

b)presume toconfirm the bone-fide movement of shares -you would get the wife/husband to actually make out a check , copy it, deposit it (keep bank statement)record the movement of shares and that it

since most people will have either 100 or 1000 shares of $1 i imagine then the actual money involved is negligible-but the freedom it buys is massive

b) Yes, cashiers cheque and a copy of both debiting & crediting bank account statements showing the transaction.

[DavidL]

also
couple of points on the effect of this

OWNER BENEFIT--presume this is both spouse +dependant added together if both take income from the E2 business? or is it just the E2 holder?

so if E2 took say 50k and the spouse paid salary of 30k=80k or is it just 50k owner benefit?

clarify??

Theorectically it will be the same i.e either $25k each or $50k for the E2 holder which is owners benefit. At renewal it will just be owners benefit from E2 business which is taken into consideration.

[pags]

my point is-by employing your spouse as an employee are you being detrimental to your own owner benefit? since they would be an employee rather than owner. so by paying them say 25k thats 25k knocked off your owner benefit as the E2 holder didn't earn it.??

[JulieC]

If you spouse has no shareholding at all and is employed purely as an employee on an EAD I presume she would be treated as any other employee and her wage would be deducted from profit so to that extent that would deplete the owner benefit, Pags. On the tax return form, there are sections for employment of officers and employees and she would come in the latter if she were no longer an officer of the company.
By the way, who decided on a 51/49 percent split as that is neither fish nor foul.

[DavidL]

my point is-by employing your spouse as an employee are you being detrimental to your own owner benefit? since they would be an employee rather than owner. so by paying them say 25k thats 25k knocked off your owner benefit as the E2 holder didn't earn it.??

Pags,

There is no benefit of a spouse obtaining an EAD just to work back in the E2 business. By the time you take into account payroll taxes & social security for both employer & employee, the loss to 'you' is quite significant. As I have said, the greatest potential benefit of the EAD is the ability to work for someone else and then pursue a labour certification with that employer if you can dazzle them with your ability and income generation techniques.

As you know director of an 'S' corporation has substantial advantages in taking distributions from the business as opposed to salary although please bear in mind that you should take advice from a CPA on the mix & match of salary & distributions.

[DavidL]

Update : After submitting my EAD (I-765) early April, I just received my approval notice.

[JulieC]

So it is currently taking about two months??

[DavidL]

So it is currently taking about two months??

Yep.

[DavidL]

Wow, what service, I got my card through the post today.

[chris]

Listen up filks, I believe an important remark by David at the outset of this thread has been side placed as the discussion about share ownership got underway.
David pointed out that the spouse taking up employment OUTSIDE the E2 business can have potential benefits ala GREEN CARD. The spouse who works could get their employer to sponsor and if that led to permanent green card status, the E2 business standing becomes superfluous as the family would be sponsored. It is one the ways to acheiev permanent status via the E2. It's also worth noting that here in Florida our unemployment rate is so low as to be classed as full employment. That means that for getting Labor Dept certifcation it works well at the moment as technically there aren't going to be the Americans about to do that job.
Chris

[debd]

Mine is due to expire soon and although I've looked on the relevant website I can't find information regarding renewal, I did however come across a paragraph that stated it should be done 6 months before expiration. Has anyone renewed an I-765 and if so do you have to submit a new application along with another $180 (would I also have to redo my fingerprints again?)

[byjove]

I am approaching my 3rd and yes it can be done online, redo fingerprints and picture at your local friendly neighborhood immigration office. Whole new card. It takes approx. 2 to 3 months to get so do it in advance. And it runs as long as your i94 (they get ya by the balls somewhere!) is current and runs along side i94.

[debd]

Thanks for the info byjove

[kimmy]

just renewed mine got the form on line then sent it with copy of our visas and I-94 2 passport photos and the fee of $180 and also when you got your last card there should be a renewal slip with all your information
got my new card in about 2 weeks didnt have to have fingerprints done again

[chris]

Couple of points on this thread.
S Corporations are only available to US citizens, not foreigners. We can only have a regular corporation.
To reiterate - the Spouse of the Visa holder is allowed to apply for an EAD and take up employment - period. Other dependants of the Visa holder are not (ie sons & daughters). That employment can be anywhere. The EAD is issued for the same period as the I-94 (max 2 years and you pay $180.00 every renewal). The Spouse can be the wife or the husband. Depends on who is the main Visa holder. If you are 50/50 then you need to take proper legal advice on the company ownerships as well as visa implications.
Finally, with the spouse working outside the main business, it does indeed offer the potential for GC sponsorship. The income from the outside employment is, from my knowledge NOT taken into account when considering the owner benefits of the business viz Visa. HOWEVER, clearly, if the family unit has additional outside income from the spouse employment it does mean that the business can afford to plough more money back into growing the business as distinct from pulling it out to put food on the table.

[DebbieM]

Chris

Are you sure about S corps - we have one and are not US citizens. Our VA and accountant set it all up for us as it was agreed this was the best way to form our company.

Deb

[Kriz1]

You only have to worry about the visa holder dying...if your husband /wife has the qualifications to get a green card and a lot of companies are asking for a greencard before they take you on...hubby is looking for work now...its the first question asked or on the info about the job.....then its worth looking into...everything to do with having a visa is a lose all win all situation...but I've heard a few very sad stories of people going home because the main visa owner dies before a greencard is in the works...and a greencard with the best of companies can take an age to get...

[Jax]

Hi Chris
We also have an S corp set up by our VA and accountant and we have filed since 2004 as an S corp
Jax

[debd]

We have an S corp too and have done almost since getting here, our accountant recommended it and set it up for us.

Kimmy, I didn't get a renewal notice in with my original I-765 - was yours attached to the social security slip?

[kimmy]

no its at the top of the paper that your card is attached to

[chris]

Just been looking at a book I have on Starting & Operating Business. One of the eligibility requirements is that you cannot set up an S Coporation if you are 'non-resident alien'.
I think it's the definition of 'resident' that I was flagging up. Some federal bodies regard E and L's as permant residents, others don't. However, I am not an Accountant and if professional CPA's say it's OK, they are the experts, not me.

[Munish]

Ahh, then that could be the answer. Generally speaking, for tax purposes, an alien is considered a resident alient if they satisfy the "substantial presence test," and a non-resident alient if they don't (regardless of whether or not he or she hold an immigrant visa or nonimmigrant visa). Of course, there are always exemptions.

[Ray10]

Not forgetting the I-765 goes up to $340 in 7 weeks ...
and most are issued for 12 months ...

Its the USCIS biggest money earner

[byjove]

OMG! The fee is a crime in itself!!! Mine needs to renew in Nov but will only run as long as my i94 which is July 08. Guess if I do it now, at least I will get my money's worth!!!

[Kriz1]

I don't know how you all find the money for this extra expence...we find it hard to make ends met sometimes...if I had to find money for trips home to renew a visa...and pay every tom dick or harry my CC would be maxed out...

[britcan]

thank goodness I just sent mine off..

[Dette]

"A friend of mine in Sarasota came here on joint E2 and because their business didn't work out for them, she has now got an authorisation number and has got a job that she will be starting soon. Her husband has started cleaning pools and has bought himself a truck and finding jobs as he goes along. They had 5 years when they first arrived and have been here 2. He's hoping his business will have built up by the time their renewal comes through".

Am I going insane? :mad: They are not operating their business and working in other jobs - I assume the husband is being paid in cash or something. They are surely violating their E2 terms.

I am totally stressed out because we are now over 3 years waiting for PR approval, we have the ombudsman looking into it (8 weeks on that one) our visa is about to expire, and we may have to leave the country. Our friends and our whole lives are here after more than 9 years! I have a job and a small business here. My kids are in college and will have to start all over back in the UK unless we can figure out how to hang on until the paperwork comes through - or hell freezes over - whichever comes first. Please tell me how these people get away with this.

My I-765 runs out at the same time as the visa, so do driving licences etc. Last time I renewed I had to go through the whole fingerprint thing again - like they may have changed in two years!

[McSporran]

Hi Dette - if your friends E-2 visa is on (or should be on) their own US corporation (one formed for them) - then I think they're perectly able to trade as whatever they wish to. I know several people who came here to do one thing - then sold the initial business and are now doing something else. As long as that "something else" meet E-2 criteria by the time they next need to renew the visa then there is no problem. I think if you were to apply the letter of the law to the very letter - then they should strictly speaking always be operating an E-2 "qualifying" business...but in practice as long as they have all in order when theyapply for renewal then shoud be OK.

I would say though - that the main applicant can only work for his own (E-2 holding corp) - if he is working for anyone else - then they should be sub contracting him via his corp. The lady is also able to use her work authorisation to get a job anywhere and at any time until it expires. So no need to worry on thier behalf - I know this is no comfort to you though - sorry!

I know how frustrating it is waiting for PR (believe me), do you still have the circumstances to renew the visa (as a last resort)?, sorry I don't know what visa/circumstances you were here on in the first place.

You can stay legally, whilst you have a PR application pending at USCIS. I know its a pain with drivers licences etc - again as long as your insuracne company OK's it - you could drive on your old UK one?? - sorry I don;t have more ideas than that.

Good luck though and I'll keep my fingers crossed that its resolved soon for you.:)

[Dette]

They are not friends of mine - someone posted it earlier and I was amazed that you can do that. We don't have that flexibility. Thanks for your comments and support - everything I have is crossed right now!

Our circumstances are weird - L2 visa but we don't know if we can extend it as the company itself has changed so much and DH's position has too, although still working for them. That's the nature of 9 years of business especially post 9/11 when everything changed in computer software industry.

Do you mean that one can stay legally while the visa is current and PR is pending - or are there circumstances where a visa can expire or be in a state of change and still be legal?

[sassy]

I submitted my EAD early March and still have no reply. My attorney reckons you cannot contact them for update.

[debd]

You can phone though and check on the status of your case, the numbers written on the paperwork
I've done this a few times (especially the first time which took 6 months). Anyway, it takes quite a while, all automated of course as everything seems to be, but you can get there in the end.

[debd]

http://www.uscis.gov/portal/site/uscis

This link will take you to the page where there is an option for finding the status of your case on line. Click on the link then you'll be asked to provide your receipt number which you should have on your confirmation form


Texas at the moment are processing E2 dependant EAD's from Feb 07.

Hope this helps a little

[Dette]

Usually they tell us we are "in process" and to contact them in 60 days. After 60 days they tell us the same thing. They are supposed to be processing submissions for PR from November 2006 - we submitted our last paperwork in April 2004!!!

I hope they do E2s faster than that.

How do they think they are going to process 12 million illegals?

[McSporran]

They are not friends of mine - someone posted it earlier and I was amazed that you can do that. We don't have that flexibility. Thanks for your comments and support - everything I have is crossed right now!

Our circumstances are weird - L2 visa but we don't know if we can extend it as the company itself has changed so much and DH's position has too, although still working for them. That's the nature of 9 years of business especially post 9/11 when everything changed in computer software industry.

Do you mean that one can stay legally while the visa is current and PR is pending - or are there circumstances where a visa can expire or be in a state of change and still be legal?

Sorry mate...I didn't see the "" marks on the last quote re "friends" paragraph...sometimes I read too quick for my own good :o

Anyway..if you have a PR application in and pending with USCIS you are perfectly legally allowed to stay whilst it's being adjudicated on (I'm sure Attorneys on here will tell me if I'm wrong) - but thats my understanding.

Now it doesn't take in to account things like the DMV not wanting to extend your driving license etc...but you can certainly stay - even if your visa has run out...of course then to travel you would need to apply for Travel Permits etc. The down side here is that if your PR application is then declined and your visa has expired you're starting from 1st base again on the visa front.

But certainly as far as Im aware when a PR application is pending you can stay.

Hope this helps...and still have my fingers crossed for you. Good Luck.