Can my dependents work and study on E2 dependent visa?
Do you have plans to go to the US with your dependents? They should consider applying for an E2 dependent visa. Here’s how to fix that.
When foreign nationals want to invest in the United States of America, they do so via an E2 visa US. Of course, there are a number of E2 visa requirements one has to meet.
For example, the prospective entrepreneur needs to invest a substantial amount in a new business or buy a pre-established business in the US; you should be from one of the E2 visa countries that have signed the Treaty of Commerce with the US, etc.
Any legitimate investment and compliance with the set requirements automatically earn you the E2 visa USA.
Upon meeting the requirements for the E2 visa, you will be granted the document. Note that the E2 visa allows you to bring along a couple of dependents to the US. By dependents, we mean spouse, children, and employees.
The guidelines for bringing your dependents to the USA under E2 Visa
- The dependents need not have the same nationality as the investor to be granted E2 dependent visa.
- Family members who are already in the US and are seeking the privileges envisaged under your E2 visa for USA may need to file apply for E2 dependent classification by filing form I-539.
- Only approved family members will be granted the E2 visa for USA. And the validity for that is tied to the investor’s E2 visa.
How can my dependents work while on E2 visa?
The due process is to first apply for the E2 dependent visa. Once approved, the dependent can work anywhere in the US, for as long as their visa is valid. For the dependent, there’s not much work restriction.
However, if you intend to work in the US under the E2 dependent visa, you’ll be required to apply for an E2 visa dependent work permit. That notwithstanding, all dependents are free to work anywhere and for anyone in America.
However, that is not the case for investors on E2 visa US. They must work only in and for the particular enterprise, in line with their initial investment at the time of the E2 visa application. That said, many successful E2 visa applicants have complained of difficulties getting their dependents to work in the US under the E2 dependent visa.
Work authorization for spouses on E2 visa
Even though dependents are allowed to work anywhere in the US, there are some requirements. For instance, the spouse may be required to apply for EDA in addition to the E2 visa dependent work permit.
That is part of the requirements for E2 visa authorization. It keeps you away from trouble. It’s better to be safe than sorry. Besides, an EDA improves your chances of success when applying for an E2 visa green card.
The Work Authorization for E2 Visa spouse is rather lenient compared to principal E2 investor visa work authorization. Upon successful acquisition of their EDA, the spouse of the E2 visa holder can legally work in any company in the US.
Below are the USCIS requirements to file for an EDA.
- A non-refundable USCIS filing fee
- Student Visa, if necessary.
- Previous I-797 approval notification from the Employment Authority
- 2 Passport photos taken within the last 30 days.
- A Copy of the E2 investor visa. The E2 dependent visa for the spouse may also be required.
- Show Entry in the E2 visa status via the latest I-94s
- Copy of your Passport’s Bios Page.
- A copy of your Marriage Certificate in English (if it is in another language, be sure to get an English copy).
- Have copies of the previous employment authorization card issued by the state.
Children under the age of 21
In as much as the spouse can work under the E2 dependent visa, the same privilege is not accorded to children under the age of 21. They may have to seek alternative documentation to work in the US.
Can the investor study under the E2 visa USA?
An E2 investor visa allows you to pursue an education in the US. However, there’s a caveat. You are not allowed to enroll or join full-length programs at colleges or universities in the US.
However, you can join short courses and distance learning programs. The idea is to have the investor synergize efforts toward the success of their business enterprise. So, yes, one can study under the E2 visa US.
Can dependents study under the E2?
The dependents of the E2 visa holder, the spouse, or the children, are free to study in the US. Any restrictions don’t bind them. They can join any level of education in US institutions, private or public. That applies to all states in the US. However, the study period is limited to the validity of the E2 dependent visa.
Can I change jobs on an E2 visa?
The E2 visa is specifically tied to the business in which you have invested. This means that as an E2 visa holder, your work authorization is generally restricted to the company or enterprise where you’ve invested and for which you’ve applied for the visa.
Flexibility within the same company:
While you can’t move to a completely different employer, you do have the flexibility to shift roles or positions within the same business. This can include changes in job responsibilities or taking on new challenges in different departments.
Subsidiary or parent transfers:
If your original E2 business has subsidiaries or is part of a larger corporate group, you might have the opportunity to transfer to these related entities. This transfer is usually permissible as long as you maintain your investment and role connected to the E2 enterprise.
Key considerations:
- Limited external mobility: Switching employers entirely would generally require a new visa application.
- Consult legal expertise: Seeking guidance from an immigration attorney to navigate any potential transitions within related business entities is highly recommended.
While the E2 visa does allow some operational flexibility, it’s essential to remain aligned with the scope of your original investment. Straying too far from the approved business activity can lead to legal complications or jeopardize your visa status.
What types of businesses are acceptable under the E2 visa?
Exploring business types eligible for the E2 Visa
When applying for the E2 visa, selecting the right type of business is essential to meeting eligibility criteria and positioning yourself for long-term success in the U.S. market. Here are two primary paths investors often take:
Starting a new business or buying existing ones
- New Ventures: You can set up a new business if you have a strong plan and investment.
- Acquiring Established Businesses: Purchasing an existing business or franchise is an option, especially with existing brand recognition and business models.
Personal service providers
Many personal service businesses are eligible, including:
- Hair Salons: Offering beauty services can qualify.
- Cafes and Restaurants: Meeting dining and social needs.
- Consulting Firms: Providing expert advice across industries.
Professional practices
- Legal Professionals: Lawyers with the necessary licensing can start their practices under the E2 visa.
Commercial ventures
The E2 visa extends to a variety of commercial sectors, such as:
- Import/Export Ventures: Businesses involved in cross-border trade may qualify when tied to a substantial investment and active management.
- Manufacturing Operations: Launching production facilities that support local job creation and economic development aligns well with E2 requirements.
- Retail Enterprises: From boutique storefronts to large-scale retail operations, businesses that require active, day-to-day management and demonstrate strong potential for growth can qualify under the E2 visa program.
Ultimately, the business should demonstrate a significant investment and a genuine commitment to development. Exploring multiple avenues allows one to better align their skills and aspirations with a suitable business type under the E2 visa program.
Can I travel outside the U.S. while on an E2 visa?
Yes, E2 visa holders can travel internationally and reenter the United States. In fact, each time you return, you’re typically granted a fresh two-year period of authorized stay—a built-in advantage of the E2 visa.
That said, how often and how long you’re away matters. Extended or frequent absences may raise questions about your commitment to actively directing your U.S. business. Immigration officers may scrutinize whether you’re still fulfilling the visa requirements if you’re consistently outside the country.
To avoid issues, keep these best practices in mind:
- Track Your Travel: Maintain clear records of your international trips, including dates and purposes.
- Avoid Prolonged Absences: Limit extended time abroad to demonstrate ongoing involvement in the day-to-day management of your business.
- Consult a Legal Professional: Before taking extended trips, speak with an immigration attorney to ensure you’re staying compliant and protecting your E2 status.
By traveling strategically and staying actively engaged with your business, you can enjoy international mobility without jeopardizing your visa standing.
How long can I stay in the U.S. on an E2 visa?
An E2 visa grants treaty investors and their eligible employees an initial stay in the U.S. of up to two years. If you wish to extend your time, you can apply for renewals, which are usually approved for additional two-year periods.
Alternatively, you have the option to travel abroad and re-enter the United States with a valid E2 visa, which may refresh your two-year stay without needing to apply for an extension internally.
How to change status from an E2 Visa to a Green Card?
Transitioning from an E2 Visa to a Green Card: What You Should Know
The E2 visa is a nonimmigrant visa designed for treaty investors, and as such, it doesn’t offer a direct path to U.S. permanent residency. Unlike dual-intent visas like the H-1B, the E2 requires holders to maintain the intent to return to their home country—at least when they first enter the U.S. Still, many E2 investors eventually seek lawful permanent residence and explore alternative immigration routes to make that transition.
Potential Pathways to a Green Card
While the E2 doesn’t automatically lead to a Green Card, several employment-based and family-based options are available:
1. Employment-Based Green Cards
- EB-1: This category is for individuals with extraordinary ability in science, the arts, education, business, or athletics. It also covers outstanding professors, researchers, and certain multinational executives. It’s often the fastest employment-based route to a Green Card.
- EB-2: Suitable for individuals with advanced degrees or exceptional abilities. Many E2 entrepreneurs pursue this route via a National Interest Waiver (NIW), which removes the requirement for employer sponsorship by demonstrating that their work benefits the U.S. on a national scale.
- EB-3: Designed for skilled workers, professionals, and other laborers. This path requires a full-time job offer from a U.S. employer and a certified labor condition application, showing that no qualified U.S. workers are available for the position.
2. Family Sponsorship
- If you have immediate family members who are U.S. citizens or lawful permanent residents, they may be able to sponsor your Green Card application. Sponsorship from a spouse, parent, or child under 21 often results in faster processing, making family-based immigration one of the more accessible routes to permanent residency.
3. Switching to a Dual-Intent Visa
- Shifting from an E2 to a dual-intent visa, such as the H-1B or L-1, can provide investors a more flexible pathway to a Green Card. These visa types allow you to pursue permanent residency while preserving your lawful status, serving as a strategic bridge to long-term residency in the U.S.
Key Steps to Take
- Consult an Immigration Attorney: Because E2 to Green Card transitions involve nuanced immigration law, professional legal guidance is critical to choosing the best strategy for your circumstances.
- Plan Ahead: Some Green Card routes require advance preparation, such as employer sponsorship or business restructuring.
- Organize Supporting Documents: Assemble all necessary records—including proof of your investment, tax returns, employment history, and personal identification—to support your application.
Though the E2 visa isn’t a direct path to a Green Card, there are several effective routes to permanent residency. With thoughtful planning, experienced legal guidance, and a solid understanding of your options, you can confidently transition from treaty investor to long-term resident.
Can I get a marriage green card if I have an E2 visa?
Understanding the Nonimmigrant Nature of the E2
The E2 visa is a nonimmigrant visa, meaning it’s granted under the premise that you intend to return to your home country once your business in the U.S. concludes. However, U.S. immigration law recognizes that circumstances can change, allowing for an adjustment of status if done properly and transparently.
Transitioning from E2 to a Marriage Green Card
1. Prove a Bona Fide Marriage
A strong marriage-based green card application relies on proving that your relationship is authentic. To do this, gather solid documentation—such as joint bank account statements, shared lease or mortgage agreements, photos from trips or family events, and affidavits from friends or relatives who can credibly vouch for the legitimacy of your marriage.
2. Navigate the Change in Intent Carefully
Although the E2 visa requires nonimmigrant intent, U.S. immigration law permits a lawful change in intent after entry—provided you didn’t misrepresent your plans at the time of your visa application or arrival. To avoid raising red flags, it’s generally best to wait at least 90 days before initiating the adjustment of status process, helping to demonstrate that your shift to immigrant intent developed over time and wasn’t premeditated.
3. File the Paperwork
If you’re currently in the U.S., you have the option to file Form I-130 (Petition for Alien Relative) and Form I-485 (Application to Adjust Status) either at the same time (concurrently) or in stages, based on your specific situation. This approach enables you to stay lawfully in the country while your marriage-based green card application is under review.
Watchouts and Considerations
- Timing Is Critical: Filing too soon after entering on an E2 may be seen as visa misrepresentation. Wait until you’re well past the 90-day mark before beginning the adjustment process.
- Dual Intent Issues: Although the E2 visa doesn’t officially allow for dual intent (unlike the H-1B or L-1), a good legal strategy and honest documentation can help mitigate concerns.
- Legal Guidance Helps: Working with an experienced immigration attorney can be a game-changer. They’ll guide you through timing, documentation, and potential intent concerns, helping you avoid missteps that could jeopardize your status, and significantly improving your chances of a smooth, successful transition to a marriage-based green card.
Though the E2 visa and marriage-based green card stem from distinct immigration processes, transitioning from one to the other is entirely feasible with careful planning, strong documentation, and the support of a skilled immigration attorney.