E2 Visa Family Employment Issues
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Part 3 Family Employment Issues
Welcome to the Law Offices of Chris M. Ingram. We are delighted that you have joined us for Part 3 in our video presentation series on the E2 Investment visa. In this presentation we’re going to review the employment opportunities for you, your spouse (including same sex spouses) and children of E2 visa holders. Ok – lets get started.
Can the Principle Investor Work Outside the E2 Business? The answer is maybe – it depends. Let’s take a look at some situations and discuss them so you see what the possible boundaries might be.
The E2 visa holder can obtain contract work for their E2 business. For example, John Smith has bought an E2 compliant web design business and this business has a team of employees. John, as the business owner can go out and secure design contracts for his company and John and his staff could complete these contracts.
Ok, let’s try another example, John still has the web design company, but this time the client wants John to work on site at the clients place of business so that John can gain first hand experience as to the issues facing the company. In other words the client wants John does all of the work on site. An arrangement where the alien is working on site as an independent contractor and not as an employee could be E2 visa compliant providing that John was still able to fulfill his primary E2 visa obligation of also generating two additional fulltime jobs for Americans. Please note that these jobs may take some time to generate if John were starting his business from scratch.
To conclude this point, John could not simply own a coffee shop and then get a job as a web developer as an employee at another company, even if the coffee shop hired four full-time employees. However, it may be possible for John to work as an independent contractor with earnings invoiced through his E2 visa Company that may also own a coffee shop. Even though the two businesses are not related, they are both owned by John’s E2 visa Company. Make sure you call us for a full consultation on these finer points so we can guide you through these situations.
Can My Spouse Get a Work Permit? Yes, the spouse of the E2 visa holder will be granted a work permit so that they can work outside of the E2 business. In fact, this is arguably one of the most important benefits of going for the E2 visa. When considering the E2 visa, if you are a married couple, discuss which of the spouses should run the E2 visa business and which spouse should continue in their career now that they are in the US. There are many factors to consider here.
For example, if one spouse currently enjoys a very high salary and the other spouse does not, then perhaps the spouse with the highest salary should be the one to apply for a work permit. Another consideration might be which spouse has the highest academic qualifications. The spouse with the highest academic qualifications should consider applying for a work permit because once in employment, the employer may be motivated to sponsor them for a green card. If one spouse obtains a green card, then the whole family qualifies for a green card. All children under 21 will be eligible for their green cards too. So there’s a lot to consider here.
On June 26th 2013 the Supreme Court ruled that for Federal matters, immigration is a Federal matter, there should be no further discrimination between heterosexual married couples and gay legally married couples. In countries and states where Civil Unions are in place that fall short of actual marriage, then these would not be recognized for immigration benefits such as work permits.
Can My Children Get a Work Permit? No, children cannot obtain a work permit. If the parents have very young children, for example, under 14, then this restriction would not impact the family, especially in the short term. However, if the children are over 14 then this is a real issue, since teenagers look forward to being able to get a part time job so they can fund their own activities and be part of their American social peer group. Please discuss these restrictions with your children, as appropriate.
In order for a child (young adult) to obtain their own work permit they would need to go to college, where after their first year, they may be eligible for a work permit depending on their financial situation. Also, bear in mind that when the young adult reaches 21, they will not be able to stay on the parent’s E2 visa and will need to qualify for their own visa.
However, if you have children over 21 you might want to consider having them as a 50% partner in your business as a way to resolve the issue. In fact, if you have a child over 18 who are not likely to want to pursue a college education to BA degree level, then you might want to consider having them as a 50% partner as you apply for the initial E2 visa. In the next presentation we’ll discuss the meaning of making a ‘Substantial E2 Investment’. Thank you for joining us and we hope you enjoyed this presentation. implications for the entire family so that you can develop a clear pathway to green card status.
E2 Clients Rob and Jilly – Buying a well-established business was a great move for them. From day one they had the security of a great income from the business and all they had to do is make sure that everything continued in the same way. When you’re coming to America and trying to settle a family having the security of a great business producing a steady income cannot be over stated.
Immigration Law Offices of Chris M. Ingram
US Immigration Law Offices of Chris M. Ingram
Chris M. Ingram LL.M., ESQ – Immigration Attorney
Admitted in New York.
Practice Specializing in US Immigration Law
401 Wilshire Boulevard, 12th Floor,
Santa Monica,
California 90401
Tel: 310 496 4292
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Everyday the Law Offices of Chris M. Ingram provides a comprehensive range of US Immigration expertise. We also provide a free consultation for our prospective clients.
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Specializing in the E2 Visa, EB1 Green Card, L-1A Visa and O1 Visa and K1 Visa Marriage-Based Immigration. Attorney Chris M. Ingram is dedicated to providing the very best in US Immigration legal representation. Enjoy our website.
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