Congratulations on getting your E-2 Visa approval! This is a significant milestone, but it’s just the beginning of your entrepreneurial journey in the U.S. After receiving the E-2 Visa, there are several critical aspects to consider, especially concerning your spouse’s employment eligibility, Social Security numbers, your freedom to pursue other business ventures, and your children’s educational and employment opportunities. Here’s what you need to know.
Does My Spouse Get an EAD Automatically?
No, your spouse does not get an Employment Authorization Document (EAD) automatically upon your E-2 Visa approval. However, the process is straightforward. Once you receive your E-2 Visa, your spouse becomes eligible to apply for an EAD by filing Form I-765, Application for Employment Authorization, with U.S. Citizenship and Immigration Services (USCIS).
Once approved, the EAD grants your spouse unrestricted work authorization, meaning they can work for any employer, start their own business, or even engage in freelance work. Unlike your E-2 Visa status, which ties you to your specific investment, your spouse’s EAD is not restricted to any particular industry or employer.
Timeline and Validity:
- The EAD application process usually takes about 90 days, but processing times can vary.
- The EAD is typically valid for the same duration as your E-2 Visa, and renewals can be filed alongside your E-2 status extensions.
You can invest in other companies or own multiple businesses as a shareholder or partner, as an E-2 Visa Holder.
-E2 VISA SHOP-
Do My Spouse and I Need to Apply for Social Security Numbers?
Yes, both you and your spouse will need Social Security numbers (SSNs) if you plan to work, open bank accounts, or file U.S. tax returns. Here’s how it works:
- For You (E-2 Investor):
- As the E-2 investor, you are authorized to work only for the business associated with your E-2 Visa.
- You can apply for an SSN by visiting a local Social Security Administration (SSA) office with your passport, E-2 Visa, and I-94 arrival/departure record.
- For Your Spouse (E-2 Dependent):
- Your spouse must first receive the EAD from USCIS before applying for an SSN.
- Once the EAD is approved, they can visit the SSA office with their passport, EAD card, and I-94.
Important Note: Children on E-2 Dependent Visas are not eligible for SSNs unless they qualify for employment (e.g., an internship with work authorization). If they need a tax identification number for tax purposes, they can apply for an Individual Taxpayer Identification Number (ITIN) instead.
Can I Have Multiple Business Ventures Along with My E-2 Visa Business?
Yes, you can engage in multiple business ventures, but there are some limitations. As the E-2 investor, you are authorized to work exclusively for the enterprise tied to your E-2 Visa. However, you are allowed to:
- Invest in Other Businesses: You can invest in other companies or own multiple businesses as a shareholder or partner.
- Passive Income: You can receive passive income from investments, such as dividends or rental income.
- Expand the E-2 Business: You can expand your E-2 business to other locations or related ventures, as long as it remains under the same enterprise umbrella.
Restrictions:
You cannot work as an employee or consultant for another company not related to your E-2 business. However, your spouse, with an approved EAD, has the freedom to work in any industry or even start a separate business.
Can My Children Work if They Are of Legal Working Age?
No, your children on E-2 Dependent Visas are not authorized to work in the U.S., regardless of their age. However, they can:
- Volunteer in non-profit organizations.
- Intern without compensation if the internship is purely educational.
- Apply for a change of status (e.g., F-1 Student Visa) if they pursue higher education, but this will not grant them work authorization except under specific student employment rules (like OPT for F-1 students).
Key Consideration:
Once they turn 21, they are no longer eligible for E-2 Dependent status and must change their visa status or depart the U.S.
Can My Children Attend Public Schools?
Yes, your children can attend public schools in the U.S. without any restrictions. As E-2 dependents, they are treated as temporary residents and are eligible to enroll in:
- Public Elementary and Secondary Schools (K-12).
- Private Schools (at your own expense).
Higher Education Options:
Your children can also pursue higher education, including colleges and universities, but they will be considered international students, which might affect tuition rates and financial aid eligibility.
Final Thoughts
Getting your E-2 Visa approval is just the first step toward building your American dream. While it opens the door to exciting business opportunities, it also comes with specific rules and responsibilities. Knowing what you can and cannot do will help you maximize the benefits of your E-2 status.
From enabling your spouse to work freely to ensuring your children receive quality education, the E-2 Visa offers unique advantages for entrepreneurial families. Just remember to comply with all immigration regulations and keep your business active and profitable, as this is crucial for maintaining your E-2 status.
If you have further questions or need assistance with post-approval steps, feel free to reach out.