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Latest information on E2 Employee Spouse EAD?

Latest information on E2 Employee Spouse EAD?

Old Jun 15th 2019, 3:06 pm
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Default Latest information on E2 Employee Spouse EAD?

Hi all,

Has anyone recently gone through themselves personally or their spouse requiring an EAD prior to working?

The stance seems to change fairly often and I want to follow correct procedure and asking for first hand experience.

Some cases have allowed a spouse to apply for a SSN using a marriage certificate and therefore not requiring an EAD to start working. However other cases state it’s not recommended and a bit of a blurry subject.

Failing that, I will assume up to 6 months for EAD process from start of application. We are both coming from the Uk and my E2 is finialised bar the final check upon my arrival in a few weeks.
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Old Jun 15th 2019, 5:40 pm
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Default Re: Latest information on E2 Employee Spouse EAD?

The spouse of an E-2 holder can get a SSN. This alone does not allow work. In order to work legally, they need an EAD.

Rene
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Old Jun 15th 2019, 6:31 pm
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Default Re: Latest information on E2 Employee Spouse EAD?

Originally Posted by Noorah101 View Post
The spouse of an E-2 holder can get a SSN. This alone does not allow work. In order to work legally, they need an EAD.

Rene
So the process is very much a case of E2 Spouse visa, SSN, apply for EAD and hope time is on your side!
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Old Jun 15th 2019, 7:55 pm
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Default Re: Latest information on E2 Employee Spouse EAD?

Originally Posted by Els87 View Post


So the process is very much a case of E2 Spouse visa, SSN, apply for EAD and hope time is on your side!
Yes.

Rene
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Old Jun 15th 2019, 7:56 pm
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Default Re: Latest information on E2 Employee Spouse EAD?

The one thing we didn’t consider fully, lessons learnt!
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Old Jun 15th 2019, 8:03 pm
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Default Re: Latest information on E2 Employee Spouse EAD?

No, you've got it the wrong way round.

You cannot apply for a SSN without an EAD as an E-2 derivative visa holder.

When you apply for your EAD, on form i-765, question 14 asks if you want to be automatically issued a SSN. I would advise you tick that box.

One form serves both purposes these days, SSN follows about 2-3 weeks from your EAD.
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Old Jun 15th 2019, 8:59 pm
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Default Re: Latest information on E2 Employee Spouse EAD?

Thank you for the correction.

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Old Jun 16th 2019, 1:15 am
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Default Re: Latest information on E2 Employee Spouse EAD?

HI Els87, I'm coming over as a dependent on an E3, which I would guess is the equivalent for Oz citizens (I'm dual Brit-Aus) and can confirm I have been told it may take up to six months for an EAD.

I'm going to look for a voluntary position to stop myself crawling up the walls once I've settled in.
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Old Jun 16th 2019, 12:04 pm
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Default Re: Latest information on E2 Employee Spouse EAD?

Thanks for the answers and clearing this up.

Looks like volunteering could be an option and just waiting to see how long it takes.
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Old Jun 16th 2019, 7:11 pm
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Default Re: Latest information on E2 Employee Spouse EAD?

I, anecdotally, believe there is a difference in receiving an EAD as a LPR and a derivative NIV holder. I expect for E-2 and E-3 derivatives, you're more likely to get it on the 3-4 month range.
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Old Jun 16th 2019, 8:17 pm
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Default Re: Latest information on E2 Employee Spouse EAD?

Here's hoping it comes sooner than that.
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Old Jun 17th 2019, 2:50 pm
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Default Re: Latest information on E2 Employee Spouse EAD?

Originally Posted by shiversaint View Post
No, you've got it the wrong way round.

You cannot apply for a SSN without an EAD as an E-2 derivative visa holder.
I don't think that's true. See this page from the Social Security Administration's manual. Under E-2:
E-2**
Spouse of principal E-2.
The alien must submit either:
• an EAD (Form I-766) showing “A-17” under Category; or
• evidence other than an EAD that proves the E-2's lawful alien status (e.g., I-94) and a marriage document as evidence that he or she is spouse of the principal E-2 alien.


At the top where it talks about the double asterisk:
For COAs displaying a double asterisk (**) (non-immigrant E-1, E-2, and L-2 classifications), the spouse is also authorized to work without specific DHS authorization.

When the E-1, E-2, or L-2 spouse applies for an SSN card and does not submit an EAD as evidence of employment authorization, he or she must submit, in addition to evidence of lawful alien status, evidence of a marital relationship to the principal E-1, E-2, or L-1 alien. The evidence of marital relationship between the applicant and the principal E-1, E-2, or L-1 alien is a marriage document. The marriage document must indicate the marriage occurred, either: 1) prior to admission to the U.S. as an E-1, E-2, or L-2 non-immigrant; or, 2) prior to extension or change of status to an E-1, E-2 or L-2 non-immigrant.
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Old Jun 17th 2019, 3:28 pm
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Default Re: Latest information on E2 Employee Spouse EAD?

Originally Posted by newacct View Post
I don't think that's true. See this page from the Social Security Administration's manual. Under E-2:


At the top where it talks about the double asterisk:
You are in theory correct, but it practice it's very, very annoying to assemble ID that will satisfy someone in a SS office - it's a bit of a minefield: https://secure.ssa.gov/poms.nsf/lnx/0110210420

The SSA also seems to actively discourage getting a SSN without work authorization: https://www.ssa.gov/ssnumber/ss5doc.htm

Almost everyone I know that tried to get one before an EAD faced reluctance, and frankly there's not much point in trying either.
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Old Jun 18th 2019, 8:06 am
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Default Re: Latest information on E2 Employee Spouse EAD?

My biggest concern is the waiting time, could be months and months. Does anyone have any recent experience on time lines?
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