Legal Question in Immigration Law in California

can a E2 visa holder work after applying for the green card through marriage?

I am an Italian citizen and I have had an E2 visa since 2005, expiring in 2010. I've been an employee of my own consulting business, and regularly paid.

I got married a few months ago and I just applied for the green card through marriage. The application included the i-485 form to adjust my status and become a permanent resident. My understanding is that with this application I'm no longer under the E-2 visa.

Can I still be employed and paid by my company before I receive the working permit?


Asked on 4/27/09, 5:12 pm

4 Answers from Attorneys

Floyd Fernandez Pacifica Legal & Consulting

Re: can a E2 visa holder work after applying for the green card through marriage?

The E-2 visa sponsor, your employer, can continue to employ you, even as you apply for the green card, since your wife is a U.S. citizen, and you are applying as her immediate relative. I would, if you haven't already, notify your employer of your actions, however. Failure to do so may cause them to be concerned about their own status as an E-1/E-2 visa investor. They may need help maintaining that, through the establishing of executive employees in addition to you and showing they are not depriving U.S. citizens of job opportunities.

If you have more questions, you can contact me at [email protected]

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Answered on 5/12/09, 4:59 am
Alice Yardum-Hunter Alice M. Yardum-Hunter, a Law Corp.

Re: can a E2 visa holder work after applying for the green card through marriage?

Yes you can, until expiration of the E-2. Once you get the EAD (Employment Authorization Document), you can work anywhere. Plus if your spouse is a U.S. citizen, you wouldn't even be penalized if you work without authorization! What the EAD does is make you more marketable. That's because while you'd still be able to adjust whether you were working without authorization or not, an employer could be penalized for hiring you if you are not employment authorized. Go figure, but that is the law.

I would be happy to help you out if you contact me offline. Check me out at http://www.yardum-hunter.com, fill out a consultation request there at http://www.yardum-hunter.com/Main/Consultation.asp or email me at [email protected].

Alice M. Yardum-Hunter, Attorney at Law, Certified Specialist, Immigration & Nationality Law, State Bar of CA, Bd. of Legal Specialization

ST: 15915 Ventura Blvd., Penthouse #1, Encino, CA 91436

EM: [email protected] WEB: http://www.yardum-hunter.com

A �Super Lawyer� 2004 � 2009, Los Angeles Magazine

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Answered on 4/28/09, 1:01 pm
Daniel Hanlon Hanlon Law Group, P.C.

Re: can a E2 visa holder work after applying for the green card through marriage?

Dear Inquirer:

As long as your I-94 is still valid, you are legal to work. Additionally, since you are adjusting status as an "immediate relative," i.e. the spouse of a US Citizen, there is no penalty for working without permission. You are still eligible to adjust status in the US even if you have been working without authorization under these circumstances.

Please visit our website at www.hanlonlawgroup.com for more information or email [email protected] if you would like to schedule an appointment for a confidential consultation to discuss this matter further.

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Answered on 4/28/09, 6:07 pm
Joseph La Costa Joseph La Costa, Attorney at Law

Re: can a E2 visa holder work after applying for the green card through marriage?

Can you send by scan a copy of the visa you have. Have you brought this up with your Employer yet?There is no charge for consultaion.

By the way I'm applying for Italian Citizenship and may need some documents translated.

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Answered on 4/27/09, 5:51 pm


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