E-1 Visa

Introduction

The E-1 and E-2 visa classifications offer unique pathways for foreign nationals engaged in international trade or investments to reside and work in the United States. However, these visa categories are not directly designed for those seeking permanent residence (green cards). That said, there are alternative routes to obtaining a green card while on E-1 or E-2 status. In this blog post, we will explore these unconventional methods to attain permanent residence for E-1/E-2 visa holders.
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When terminating a foreign worker in the United States, employers must consider several State and Federal immigration laws. Therefore, this guide by the NPZ Law Group will explain what employers must do when terminating certain types of noncitizen workers.
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As of January 30, 2022, USCIS and Customs and Border Protection (CBP) began issuing Form I-94, Arrival-Departure records, with new classes of admission (COA) codes for certain E and L nonimmigrant dependent spouses who are employment authorized based on their status. The COA designations for E nonimmigrant spouses are E-1S, E-2S, E-3S, and L-2S for nonimmigrant L spouses. Forms I-94 containing these code designations are acceptable as a List C, #7 employment authorization document issued by the Department of Homeland Security.

UPDATE:USCIS mailed notices in early April 2022, to E and L spouses (age 21 or over) who have an unexpired Form I-94 that USCIS issued before Jan. 30, 2022.
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The Systems Enforcement Analysis and Review (SEAR) office of the US Customs and Border Protection (CBP) confirmed on January 31st, 2022, that it was applying new admission codes to identify the spouses of E and L principals for work authorization documentation. This decision was made in light of the litigation settlement (Settlement) on November 12th, 2021, which recognized that spouses of L-1 intracompany transferees (L-2) and E-1, E-2, and E-3 nonimmigrant visa holders could work “incident to their status” as the principal nonimmigrants’ spouses.
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The Secretary of State, in consultation with the Department of Homeland Security, has authorized consular officers through the end of 2022 to waive the in-person interview requirement for certain temporary employment nonimmigrant visa applicants who have a petition approved by the U.S. Citizenship and Immigration Services. This new authorization applies to temporary workers applying for H-1, H-3, H-4, L, O, P,
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As of November 12, 2021, USCIS considers E-1, E-2, E-3 and L-2 dependent spouses employment authorized incident to status.

To obtain an Employment Authorization Document (EAD or Form I-766) evidencing both identity and employment authorization, such dependent spouses may file an Application for Employment Authorization (Form I-765).
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Foreign nationals with an employment-based, third preference (EB-3) visa can improve their status by qualifying for an employment-based, second preference (EB-2) visa. The EB-2 category can be attained if the applicant acquires additional work experience or a higher-level degree.
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On Tuesday August 20, 2019, the French-American community heard of an unexpected announcement in which the conditions of validity for the E1 and E2 non-immigrant visa were revised. Previously, holders of this visa, based on review of their dossier and validation of their business plan, were granted a five-year visa. Following this latest announcement, the reasons for which are still unsure, the validity has been reduced to 15 months. According to American immigration law, visa categories are aligned with the conditions attributed to American citizens in partner countries. However, there has not been a recent change in the French immigration laws pertaining to this visa category.

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