E-2 Visa / Can I work and study on an E2 dependent visa?
Can my dependents work and study on E-2 dependent visa? Can I study on an E-2 visa US?
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 E-2 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 E-2 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 E-2 dependent classification by filing form I-539.
Only approved family members will be granted the E-2 visa for USA. And the validity for that is tied to the investor’s E2 visa.
How can my dependents Work while on E-2 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 E-2 Visa spouse is rather lenient compared to principal E-2 investor visa work authorization. Upon successful acquisition of their EDA, the spouse of the E-2 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 E-2 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 E-2 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.
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