E2 visa is a non-immigrant visa that is designed for entrepreneurs to start businesses and invest in the US economy. One of the primary concerns of E2 visa holders is whether they are allowed to work for another company while holding this visa. In this article, we will discuss the key factors that determine whether E2 visa holders can work for another company or not.

Key Takeaways:

• E2 visa holders are allowed to work for the company they have invested in, but not for any other company.
• E2 visa holders can work as an independent contractor or freelancer, provided they are working for their own business and not for another company.
• It is essential to follow the guidelines set by USCIS to avoid violating the conditions of the E2 visa.
• E2 visa holders should consult with an immigration attorney if they are unsure whether their intended work activity complies with the visa requirements.

Overview of E2 Visa: Eligibility and Requirements

The E2 visa is a non-immigrant visa issued to entrepreneurs and investors of eligible countries who plan to invest a substantial amount of capital in a US business. The visa allows them to work and contribute to the US economy while maintaining their status in the country. To be eligible for an E2 visa, the applicant must:

• Be a citizen of a country that has a treaty of commerce and navigation with the US.
• Have invested or be in the process of investing a substantial amount of capital in a US business.
• Be coming to the US to develop and direct the investment enterprise.
• Have a controlling interest in the US business, and be actively involved in its management and operations.
• Demonstrate that the investment enterprise will generate significant income and create job opportunities in the US.

Basics of E2 Visa Employment

E2 visa holders are generally authorized to work for the company they have invested in, as long as it is an active and operating business. They are also allowed to bring over essential employees or executives from the same company to work in the US, provided they meet the necessary criteria. However, E2 visa holders are not allowed to work for any other company, including those in a related or unrelated field.

Working for Another Company: Rules and Limitations

If an E2 visa holder wants to work for another company, they would need to obtain a separate visa or work authorization for that job. If the additional work is unrelated to their investment business, the E2 visa holder will have to apply for a different visa category such as an H-1B or O-1 visa. However, if the work is related to their investment business, they may be able to obtain an E2 employee visa to work for the subsidiary or affiliate of the same company they have invested in.

It is important to note that working for another company without proper authorization can result in severe consequences, including visa cancellation and deportation. Therefore, E2 visa holders who plan to work for another company should consult with an experienced immigration attorney to determine their eligibility and navigate the application process.

Tips and Resources for Navigating E2 Visa Employment

To ensure compliance with the visa requirements, it is crucial to follow the guidelines set by the USCIS. E2 visa holders should also keep accurate records of their business operations and investment activities, including financial statements, employee records, and tax returns. Furthermore, they should maintain proper documentation of their work status and any changes in the company’s ownership or management structure.

If an E2 visa holder is unsure whether their intended work activity complies with the visa requirements, they should consult with an immigration attorney for advice and guidance. An experienced attorney can help them evaluate their options and navigate the complex regulations and requirements of the E2 visa program.

Conclusion

In summary, E2 visa holders are generally authorized to work for the company they have invested in, but not for any other company. Working for another company without proper authorization can result in severe consequences. Therefore, it is crucial to follow the guidelines set by the USCIS and consult with an experienced immigration attorney to ensure compliance and avoid any legal issues.

FAQ

Q: What is the duration of an E2 visa?

A: The initial validity of an E2 visa is typically two years. However, it can be extended indefinitely for as long as the visa holder continues to meet the eligibility criteria.

Q: Can an E2 visa holder bring their spouse and children to the US?

A: Yes, the spouse and unmarried children under the age of 21 of an E2 visa holder can accompany them to the US under the derivative E2 visa. They are also allowed to attend school or college in the US.

Q: Can an E2 visa holder apply for a Green Card?

A: Yes, an E2 visa holder may be eligible for a Green Card, provided they meet the necessary requirements such as having a qualifying family relationship or employment opportunity in the US.