TN 13 (10-11)

RM 10210.676 Evidence of Employment Authorized Immigration Status for a Commonwealth of the Northern Mariana Islands (CNMI) Investor (E2C) Nonimmigrant

This instruction applies to field office #E02 Saipan, Commonwealth of the Northern Mariana Islands only. However, all offices must be aware of this policy. All other offices must continue to follow the instructions on alien evidence for an SSN in RM 10211.000, unless otherwise instructed.

A. Background and description of E2C

The E2C class of admission (COA):

  • consists of three types of investors (i.e., long-term business, foreign, and retiree foreign), and

  • is issued to the principal and spouse or child of an E2C principal who share the same COA (i.e., E2C).

B. Evidence of employment authorization for an E2C principal

The SSN applicant must submit both of the following documents as evidence of employment authorization for a nonimmigrant E2C.

  1. Evidence of nonimmigrant status per RM 10211.135 showing COA E2C; and

  2. I-129 (Petition for a Nonimmigrant Worker) approval notice on Form I-797A or I-797B (Notice of Action) for an E2C principal authorizing employment. To determine whether the approval notice for the principal E2C authorizes work, see RM 10210.678.

This evidence is only acceptable during the transition period to full application of U.S. immigration law that concludes on December 31, 2014. However, on June 3, 2014 the Department of Homeland Security extended the E2C program until December 31, 2019.

C. E2C evidence of employment authorization chart

The following is a breakdown of employment authorization evidence for the E2C principal, spouse, and child according to type of E2C:

E2C Evidence of Employment Authorization

E2C Type

Principal

Spouse

Child

E2C Long-term business investor

Employment authorized only if submitting an:

  • Evidence of nonimmigrant status per RM 10211.135, and

  • I-129 approval notice on I-797A or I-797B authorizing employment

See RM 10210.678B

Employment authorized

only if submitting an:

I-766 (Employment Authorization Document)

See RM 10210.678C

Not employment authorized

See RM 10211.600

E2C Foreign investor

Employment authorized only if submitting:

  • Evidence of nonimmigrant status per RM 10211.135, and

  • I-129 approval notice on I-797A or I-797B authorizing employment

See RM 10210.678B

Employment authorized

only if submitting an:

I-766

See RM 10210.678C

Not employment authorized  

See RM 10211.600

E2C Retiree foreign investor

Not employment

authorized

See RM 10211.600

Not employment

authorized

See RM 10211.600

Not employment

authorized

See RM 10211.600


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