Now that you are in the United States of America bearing an E2 Visa, your goal is to live your business and let it grow. Although running a company is a tedious job, for sure there will still be extra time for you to be productive.
We know that as a hardworking person, you might want to work in the United States of America for an extra dollar saving. Also, working at a different company is somewhat like a breath of fresh air. But are you even allowed to work in the US bearing a US E2 visa?
Well, you can check on Ashoori Law for the legal answers. But if you want it right now, well, then read further as we unravel the truth and facts about the conditions under the E2 visa regarding employment.
Types of E2 Visa
Before we jump to answer your query about employment in the US, you should know first the type of E2 visa you are carrying in your name. This is to know the exact and accurate conditions in your future employment.
Investor E2 Visa
This is given to an applicant who starts or purchases a business and meets all the requirements for an E2 visa. In light of this, this unique access will provide the visa holder the permission to work and run the E2 business for three to five years, depending on the treaty country agreement. While his E2 status to work is approved for two years and can be renewed when it expires.
The principal E2 holder or the applicant himself cannot work at a different company besides his E2 business.
Employee Visa is given to an employee that the investor brought along with him to run the E2 business. This employee should be of the same nationality as the principal holder—also, there are two types of employee visa.
- Supervisory/Managerial/Executive – this employee should be managing or holding the enormous responsibility of running the E2 business. He should show a high degree of responsibility within the company and show that he is in control. To prove that he is worthy enough to be called a high-ranking employee, he must submit the following during the application for the E2 visa:
- Organizational Chart of the company
- Job description showing the responsibilities to be performed by the employee
- A resume that shows that the employee possesses the expertise needed for the role.
- Letter from the E2 company describing the business, the job, and the qualifications of the employee.
- Job title and salary
- Specialized or Essential – this is an employee performing the job for the success of the company. For example, a cook in a restaurant or a hairdresser at a salon. It should be clear that the employee’s amount of training and experience is sufficient to support and perform the company’s day-to-day tasks. Aside from that, the principal visa holder and the employee should talk about how long the employee will stay within the business.
The employee is only allowed to work at the E2 business. It is not necessary to have work authorization.
A dependent visa is given to the principal E2 visa holders, spouse, and children under 21 years old. For you to include your children and spouse in the application, they must submit the following documents:
- Valid passport
- DS-160 application form confirmation page
- DS-156E Form
- Color copies of the biodata page of the principal alien’s passport and the visa
- Letter of intent in English language stating the initiative to depart the United States of America the moment their visa will expire. This goes for every dependent applying.
- The documents are showing the relationship between the principal E2 visa holder and dependent applying. This can be a marriage contract or birth certificate—passport size photo of each dependent.
- If applicable, a letter of agreement between the investor and any legal representative (Form G-28 if the representative is an attorney) is signed by both parties, including a contact email address and phone number.
Employment Condition for the Spouse
The spouse of the principal E2 visa holder can work for any legal company in the United States of America as long as she files for work authorization in the United States Citizenship and Immigration Services (USCIS) when she arrives in the US. This permU.S is granted after 90 days of filing. Once the spouse has the work authorization, she can already apply for a job aside from the E2 business of the E2 visa principal holder.
Furthermore, the work permit is valid for one year and can be renewed as long as the E2 visa is valid.
Employment Condition for Children
The children, however, cannot apply for a work authorization permit. This means they cannot apply for any job around the United States of America. But on the other hand, they can study at any public or private school in the US. The moment. They reach the age of twenty-one, they must apply for their visa. Usually, the suggestion of every immigration lawyer is to apply for an F-1 student visa.
Also, the moment the dependent child acquires his/her F1 visa. He/She can work with conditions. He is not allowed to work off-campus for the first academic year. The following year, he is allowed to work, but it should be on a case-by-case basis. Also, the training employment should be related to their course of study to operate legally. Also, it should be authorized by the Designated School Official who approves the maintenance of the Student and Exchange Visitor Information System.
Working for your own when you are in the United States of America is something that you are aiming at the moment you step there. Of course, what else would you do aside from waiting for your husband to return home from a day of working on his E2 business? Now that you are enlightened about the employment conditions under this type of visa, you can now decide and plan out what you will do and apply for the moment you land in the United States of America. We hope that this article has helped you with your query and good luck.