Does E2 visas holder get stroke and can't work and Employer didn't continue visa get Disability Benefit

[WindyTaco 0]

I have one friend hold E2 Visa and get Stroke while at work, went to hospital and came out can't work for living. only his wife working and take care of 2 kids.

 

My question is - Can He apply for any SSI benefits?

- Is There any way he can fix his visa so He can find work that help disability man?

 

Thank you

[OldUser 7,030]

This is a very difficult question. Immigration wise, if he's no longer employed with E-2 sponsor employer, he has no legal status to be present in the US.

 

I also not sure if he can get SSI as a non-resident alien. Most likely, not.

[SalishSea 17,987]

46 minutes ago, WindyTaco said:

I have one friend hold E2 Visa and get Stroke while at work, went to hospital and came out can't work for living. only his wife working and take care of 2 kids.

 

My question is - Can He apply for any SSI benefits?

- Is There any way he can fix his visa so He can find work that help disability man?

 

Thank you

Isn’t an E2 visa an investor visa?   Why would he have an employer?

[nastra30 2,309]

This is my understanding. Since E-2 is a non immigrant visa, the US is not considered your permanent resident for social security benefits. Expectation as part of the issuance of the visa is you'll need to return to your home country since again, it's a non-immigrant visa. You can visit your local social services office to enquire. Also, it's possible there could be some state level funded disability he could qualify for so again best to visit a local social services center. I think he should be preparing to depart the US since he's no longer working E2 employer.

 

Edited Thursday at 10:11 PM by nastra30

[nastra30 2,309]

5 minutes ago, SalishSea said:

Isn’t an E2 visa an investor visa?   Why would he have an employer?

I think certain employees associated with the 'investor' or 'qualifying organization' could also get the E2 classification. So the 'investor' or 'qualifying organization' will be the employer.

Edited Thursday at 10:12 PM by nastra30

[Boiler 45,784]

E2 Employee

 

Presumably no longer employed otherwise the question of benefits would not arise.

 

His status is dependent on being an Employee and his wife is piggy backing on that, so they are out of status and from memory E2 does not have any time to leave.

Edited yesterday at 12:49 AM by Boiler

[SalishSea 17,987]

4 hours ago, WindyTaco said:

I have one friend hold E2 Visa and get Stroke while at work, went to hospital and came out can't work for living. only his wife working and take care of 2 kids.

 

My question is - Can He apply for any SSI benefits?

- Is There any way he can fix his visa so He can find work that help disability man?

 

Thank you

He is out of status and needs to leave the US immediately.

[JeanneAdil 6,587]

He (or spouse) needs to find out if the business is obligated to carry short term disability insurance/he would be covered for that

this is a requirement in many states to operate a business

it usually  covers for 6 months

 

depending on whether its SSI (no waiting period to apply) or SSDI (5 month waiting period)

and other requirements a E2 visa holder could get ss money the big if is

 

From social security site https://www.ssa.gov/pubs/EN-05-11051.pdf

 

• You were lawfully admitted for permanent residence and you have a total of 40 credits of work in the United States. (Your spouse’s or parent’s work also may count).

and this

• NOTE: If you entered the United States on or after Aug. 22, 1996, then you may not be eligible for SSI for the first 5 years as a lawfully admitted permanent resident, even if you have 40 credits of earnings. Seven-year limit for some noncitizens Some noncitizens can get SSI for up to 7 years. If your SSI payments are limited to 7 years because of your particular noncitizen status, we’ll send a letter to you telling you when your 7-year period ends. We’ll send another letter explaining your rights to appeal before we stop your payments. If you’re a current or former SSI recipient subject to SSI eligibility under the 7-year time limit, and you’ve applied for citizenship, we encourage you to contact the U.S. Citizenship and Immigration Services (USCIS) to find out how to: • Expedite processing of your pending naturalization (N-400) or adjustment of status (I-485) application.

 

[milimelo 4,522]

51 minutes ago, JeanneAdil said:

He (or spouse) needs to find out if the business is obligated to carry short term disability insurance/he would be covered for that

this is a requirement in many states to operate a business

it usually  covers for 6 months

 

depending on whether its SSI (no waiting period to apply) or SSDI (5 month waiting period)

and other requirements a E2 visa holder could get ss money the big if is

 

From social security site https://www.ssa.gov/pubs/EN-05-11051.pdf

 

• You were lawfully admitted for permanent residence and you have a total of 40 credits of work in the United States. (Your spouse’s or parent’s work also may count).

and this

• NOTE: If you entered the United States on or after Aug. 22, 1996, then you may not be eligible for SSI for the first 5 years as a lawfully admitted permanent resident, even if you have 40 credits of earnings. Seven-year limit for some noncitizens Some noncitizens can get SSI for up to 7 years. If your SSI payments are limited to 7 years because of your particular noncitizen status, we’ll send a letter to you telling you when your 7-year period ends. We’ll send another letter explaining your rights to appeal before we stop your payments. If you’re a current or former SSI recipient subject to SSI eligibility under the 7-year time limit, and you’ve applied for citizenship, we encourage you to contact the U.S. Citizenship and Immigration Services (USCIS) to find out how to: • Expedite processing of your pending naturalization (N-400) or adjustment of status (I-485) application.

 

E2 holder is definitely not in the category of lawfully admitted permanent resident (aka green card holder). Not quite sure how any of what you just posted from SSA would apply to this individual.