This can be a tricky situation. E1 and E2 visa holders may apply for green cards through a company (not their own) for future employment. However, the expiration date of the visa must be considered as well as the country of birth of the applicant. If the E-visa is good for 5 years, then a labor certificate could be filed as well as green card approval within that time for certain aliens depending on the backlog. Check the visa bulletin for your country to see what the current processing dates are. The spouse can work for any employer after receiving work authorization (Form I-765). He/She can also go through the green card process as long as the underlying visa allows it. If time does not allow for this, then the applicant may need to return to the home country to wait for his/her number to become current. Remember, the E-visa does not have dual intent. This means that you cannot enter the U.S. with the intent to obtain citizenship. Rather, the purpose of the stay is to develop and direct your company or continue trade with your home country.
