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Can an E-2 spouse legally work after the main E-2 holder stops running his E-2 business?

This legal question related to immigration law attorneys in New York has been answered.

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Location: New York  |  Law type: immigration law attorneys
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I have an E-2 status and my husband is the main E-2 holder. He recently stopped running his company (because the business has not been going well) and has started pursuing other ways to make money. Few questions:

1. when my husband stops running his E-2 company/business, is our E-2 status still valid (even our E-2 visa has not expired)?
2. If he stops running his E-2 company/business, does it mean we have a 60 day grace period to pack up and leave the country?
3. Now that my husband has stopped running his business, can I continue to work legally (as an E-2 spouse) during this 60 day grace period?

Commonly posted questions...

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Legal Solution

The response provided below is specific to immigration law attorneys in the jurisdiction of New York. If the response is inadequate, please submit a detailed inquiry.

E-2 Visa Holder Business Closure: Implications for Spouse's Work Authorization

Navigating the intricacies of the U.S. immigration system can be daunting, especially when changes occur in the visa holder's circumstances. Here's a thorough analysis of the legal questions you've raised about the E-2 visa holder and their spouse's status when the business is no longer operational.

Relevant Legal Provisions

  • Immigration and Nationality Act (INA): The INA is the primary source of U.S. immigration laws.
  • Title 8 of the Code of Federal Regulations (8 CFR): This contains regulations related to immigration, including stipulations concerning E-2 visas.
  • For comprehensive information on E-2 visas and related guidelines, visit the U.S. Citizenship and Immigration Services (USCIS) website.

Detailed Solutions

  1. E-2 Visa Status Validity: If the primary E-2 visa holder ceases to run the business, the basis for the E-2 status is jeopardized. Though your visa hasn't expired, the cessation of business operations can lead to a termination of your E-2 status.

  2. 60-Day Grace Period: There is generally a 60-day grace period granted for nonimmigrant visa holders, including E-2 visa holders, to leave the U.S. once their status is no longer valid. This period is to allow visa holders to wrap up affairs and make necessary travel arrangements.

  3. Spousal Work Authorization: If your husband ceases business operations, your E-2 dependent status and associated work authorization are potentially at risk. During the 60-day grace period, engaging in employment might be seen as a violation of your nonimmigrant status. It would be wise to refrain from working during this period.

Price Estimates for Legal Consultation in New York

Service Average Cost (USD)
Initial Consultation (1 hour) $250 - $400
Detailed E-2 Visa Status Assessment $1,500 - $3,000
Assistance with Change of Status Application $2,500 - $5,000
Representation in Immigration Court $5,000 - $10,000

Note: Prices can vary based on the complexity of the case and the experience of the attorney. It's always recommended to shop around and compare lawyers in your area to get a sense of the prevailing rates.

Clarifications and Further Actions

It's crucial to consult with an immigration attorney regarding your specific situation to ensure you're making informed decisions. Remember, the above is a general overview, and each case can have its nuances. Consider reaching out to find the right lawyer who specializes in E-2 visas in New York.

Relevant Questions to Consider

  • Has the business been officially closed or just temporarily halted?
  • Are there any plans to revive or sell the business?
  • Did your husband notify USCIS about the change in business status?

What are the implications of an E-2 visa holder changing their business or selling it?

When an E-2 visa holder sells or changes their business, it may affect the underlying basis of the E-2 status. Any substantial change must be reported to USCIS, and a new E-2 application may be required.

How can an E-2 visa holder transition to another visa type or adjust status?

To change to a different nonimmigrant status or adjust to a permanent resident status, the E-2 visa holder must meet the qualifications for the desired status and follow the required application procedures. This often involves submitting a new petition or application to USCIS.

What happens if an E-2 visa holder overstays their authorized period of stay?

Overstaying can result in being barred from re-entry to the U.S. for a specific period, depending on the length of the overstay. It can also impact the eligibility for visa renewals or changes of status.

Is it possible for an E-2 spouse to independently change their status while in the U.S.?

Yes, E-2 dependents can independently apply to change their status, provided they meet the requirements of the desired visa category.

Are there any options to extend the E-2 visa if the business faces temporary hardships?

In certain circumstances, E-2 visa holders can request extensions, providing they demonstrate the intent to continue the business and that the hardships are temporary.

Disclaimer

This content is for informational purposes only and does not establish an attorney-client relationship. It's always recommended to consult with a local attorney about your specific situation.

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