E2 Visa Holders
E2 visa holders are foreign business professionals and investors who come to the United States to oversee a business that is engaged in trade between the United States and their home country. They must make a substantial investment of capital in the United States, and they must meet a number of other requirements in order to qualify for an E2 visa.
While the main E2 Visa holder can work freely in the United States, spouses and children of an E2 visa holder are restricted to working only for the business that acted as their sponsor. This is because the spouse and children are considered dependents of the principal visa holder.
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Fortunately, spouses and children of an E2 investor can apply to bring themselves into the United States as dependents on an E2 visa. This can be done by filing Form I-539 with USCIS and paying the appropriate fee. A Consular Officer at a US Embassy or consulate will need to review the application and supporting documentation to determine whether or not they meet the visa’s requirements, including the fact that the E2 investor’s business is not a marginal enterprise.
Can E2 Visa Holders Bring Their Spouse and Children to the United States?
In other words, the business must be more than just an “active and real operating business that produces goods or services for profit.” It also cannot be a “marginal enterprise.” This means that it should generate income sufficient to cover more than business costs and basic living expenses for the family. The Consular Officer will look at things like the current and projected profitability of the business, its growth potential, the nature and extent of the E2 visa holder’s personal involvement in the enterprise, and other factors.
The spouse and children of an E2 investor can work in the United States on the condition that they remain under the sponsorship of their principal visa holder. This means that they must remain with the same employer and that their employment is directly related to the enterprise in which the principal visa holder has invested their capital. This is a significant restriction, and it can be difficult to meet the required standards.
Spouses of an E2 visa holder can generally work wherever they want in the United States, and their visa will be valid for as long as the principal visa holder’s is. On the other hand, children of an E2 visa holder can only work for the business in which their parent invests their capital and are not permitted to accept any other employment.
As with all visa categories, once children reach their 21st birthday they must either return to their home country or switch to another type of nonimmigrant visa in order to stay in the United States. Most children of an E2 investor or employee choose to switch to a F1 student visa in order to study. However, this is not guaranteed to be possible and could depend on the availability of a sponsor or the ability of the child to get into a college or university in the United States.