E-2 Visa Spouse: Work Authorization and SSN
Author: Ashoori Law
The E-2 visa is one of the best options available for you to live and work in the United States. With an E-2 visa, you can set-up your own business or purchase an existing business. The E-2 visa provides you with unlimited opportunity to grow your business and achieve your financial goals.
The E-2 visa also provides major immigration benefits for your spouse as well under the E-2 spouse visa. An E-2 visa spouse gets work authorization to work in the United States. The spouse of an E-2 investor may also be eligible to apply for a Social Security Number (SSN) through the E-2 spouse visa.
In this guide, I’ll explain how an E-2 visa spouse gets work authorization and can apply for a Social Security Number.
Overview
- Introduction to the E-2 Visa
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- Benefits of an E-2 Visa for E-2 Visa Spouse and Children
- How to Apply for Work Authorization and SSN for E-2 Visa Spouse
- Conclusion
1. Introduction to the E-2 Visa
The E-2 visa is a special non-immigrant visa category for investors and entrepreneurs. The E-2 visa allows you to live and work in the United States based on making an investment in a U.S. business. The E-2 visa is not available to everybody. To be eligible for the E-2 visa, you must be a national of a country that has an E-2 treaty with the United States.
E-2 Visa Requirements
- Must be from a country that has an E-2 treaty with the United States (Here is a list of the E-2 treaty countries).
- Must intend to depart the United States once your E-2 status ends.
- Must make a substantial investment in a US business (we typically recommend at least $100,000 or more).
- Your investment funds must be lawfully obtained (the funds you use to invest in the business cannot be obtained through any illegal activity).
- You must direct and develop the E-2 business (The E-2 investor must actually be involved in the business. This cannot be a passive investment).
- The investment funds must be “at risk” and committed to the business (This means that the funds should actually be spent. The funds cannot just be held in the business bank account).
- The E-2 company must be an active for-profit business (a passive investment, such as an investment in real estate or stocks will not qualify).
- The E-2 business cannot be a marginal enterprise (this means that the E-2 business should project to generate more than enough income for the investor and his/her family).
2. Benefits of an E-2 Visa for E-2 Visa Spouse and Children
The benefits of the E-2 visa for the principal investor are well-documented, and the E-2 spouse visa also provides important advantages. An E-2 investor can work for and manage their E-2 business. What is less well-known are the immigration benefits for the E-2 visa spouse and children under the E-2 spouse visa.
The spouse and children of an E-2 investor are also eligible for E-2 visas, including the E-2 spouse visa. The E-2 investor’s spouse is eligible for work authorization to work in the United States. The work authorization for the spouse of an E-2 visa holder is incident to their E-2 status. This means that the E-2 spouse automatically has work authorization incident to their E-2 status and does not have to apply for work authorization. In addition, the E-2 investor’s spouse can also apply for a Social Security Number (SSN) under the E-2 spouse visa.
The E-2 investor’s children are eligible to attend school in the United States, while the spouse benefits under the E-2 spouse visa.
Work Authorization for E-2 Visa Spouse
- The E-2 visa spouse’s work authorization can be more favorable and more lenient than the principal E-2 investor’s work authorization.
- Once an E-2 visa spouse enters the United States on their spousal E-2 visa or has their change of status approved by USCIS, they are eligible to work for any lawful company in the US under the E-2 spouse visa. The E-2 spouse’s work authorization is granted incident to their E-2 status, meaning that no separate application for work authorization is required.
- Unlike the principal E-2 investor, the E-2 visa spouse is not limited in the type of company they are allowed to work for under the E-2 spouse visa.
- The principal E-2 investor is only allowed to work for the E-2 visa company, while broader flexibility is available under the E-2 spouse visa.
3. How to Apply for Work Authorization and SSN for E-2 Visa Spouse
The spouse of an E-2 investor is not required to separately apply for work authorization (EAD) under the E-2 spouse visa. Rather, the spouse of an E-2 visa holder is granted work authorization incident to their E-2 status. Once the E-2 spouse enters the US with their E-2 visa, they can apply for a Social Security Number (SSN).
If the spouse of an E-2 visa holder wants to apply for an Employment Authorization Document (EAD) to evidence their employment authorization, they may do so by properly filing the Form I-765 and paying the correct filing fee.
How to Apply for Work Authorization (EAD)
- To apply for work authorization, you are required to file a Form I-765 with USCIS if seeking additional proof under the E-2 spouse visa.
- The Form I-765 is the Application for Employment Authorization.
- This process should be handled by an immigration lawyer.
Required Documents to Apply for EAD
Here is a list of some of the documents that should be included with the Form I-765:
- Copy of the marriage certificate between E-2 investor and E-2 visa spouse
- Copy of biographic page of principal E-2 investor’s passport
- Copy of the principal E-2 investor’s E-2 visa and I-94
- Letter from the E-2 visa company verifying principal E-2 investor’s role with the E-2 visa company
- Copy biographic page of passport of E-2 visa spouse
- Copy of E-2 visa and I-94 of E-2 visa spouse
How to Apply for a Social Security Number (SSN)
- To apply for a Social Security Number (SSN), you a required to file a Form SS-5 with the Social Security Administration (SSA).
- It is a good idea to have a lawyer assist with or handle this process.
4. Conclusion
The E-2 visa is a great option for investors and entrepreneurs, and the E-2 spouse visa adds further benefits for family members. The E-2 visa provides many immigration benefits for an E-2 investor, their spouse, and their children, including the E-2 spouse visa benefits. The spouse of an E-2 investor is eligible to work in the United States incident to their E-2 status. An E-2 visa spouse may also be eligible to apply for a Social Security Number (SSN) and may work in the United States in any lawful capacity.
The work authorization that an E-2 visa spouse receives is even more broad than the work authorization available to the principal E-2 investor.
If you have any questions about the information discussed in this guide, or if you’d like help applying for your E-2 visa, feel free to email me directly at contact@ashoorilaw.com. I would be happy to assist you!
Resources
- Business Immigration: Law and Practice, 2nd Edition Chapter 4 E-1 and E-2 Visas and Status
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Michael Ashoori, Esq.
President of Ashoori Law
I’m a U.S. immigration lawyer and I help families, professionals, investors, and entrepreneurs get visas, green cards, and citizenship to the United States.
Since starting my law firm, I’ve helped thousands of people from all over the world with their immigration needs. I’m very passionate, hard-working, and committed to my clients.
Got a question? Send me an email.