Under U.S. immigration law, family members of E-2 Treaty Investors and Employees are eligible for derivative visas, allowing them to accompany or join the primary E-2 visa holder in the United States. The E-2 visa is a non-immigrant visa category that allows individuals from treaty countries to invest in and manage businesses in the United States.
Here are the key points regarding family members of E-2 Treaty Investors and Employees:
Spouse and Children: The spouse and unmarried children under the age of 21 of the E-2 visa holder are considered eligible family members for derivative E-2 visas.
E-2 Dependent Visa: The family members of E-2 Treaty Investors and Employees can apply for E-2 dependent visas, which are separate visas granted to them based on their relationship to the primary E-2 visa holder.
Work Authorization for Dependents: Spouses of E-2 visa holders can apply for work authorization by filing Form I-765, Application for Employment Authorization, with U.S. Citizenship and Immigration Services (USCIS). Once approved, the spouse can legally work in the United States. However, children on E-2 dependent visas are not automatically eligible for work authorization and are typically limited to attending school.
Length of Stay: The duration of stay for family members on E-2 dependent visas is tied to the validity of the primary E-2 visa holder's status. As long as the primary E-2 visa remains valid, the family members can stay in the United States and enjoy the same rights and benefits as the primary visa holder.
Separate E-2 Visa Applications: Family members applying for E-2 dependent visas must submit separate visa applications, including the required documentation and fees. The applications are typically submitted together or after the primary E-2 visa holder's application.
Change of Status within the U.S.: Family members who are already in the United States under a different non-immigrant status can apply for a change of status to E-2 dependent status by filing Form I-539, Application to Extend/Change Nonimmigrant Status, with USCIS.
Study Opportunities: Dependents on E-2 visas, including spouses and children, are generally allowed to attend schools and universities in the United States. They may need to apply for the appropriate student visa if pursuing full-time studies beyond the secondary school level.
It is important to consult with an experienced immigration attorney or professional to navigate the specific requirements and processes for family members of E-2 Treaty Investors and Employees. They can provide guidance on the application procedures, necessary documentation, and any updates or changes in the immigration laws and regulations related to E-2 dependent visas.