Extending Your E-1/E-2 Visa Status to Your Family

Extending Your E-1/E-2 Visa Status to Your Family

Are you a foreign national applying for an E-1 Treaty Trader or E-2 Treaty Investor Visa and want to bring your family to the U.S. with you? Under the guidelines of the E-1 and E-2 visas, dependants of the principal applicant may be able to lawfully enter the U.S., work, and/or study under the E-1/E-2 visa status!

Dependants

Only spouses and unmarried children under the age of 21 qualify as dependants. Meaning parents or siblings of the principal applicant cannot be included under the E-1/E-2 status, they must travel to the U.S. on another kind of visa (such as a B1/B2). Spouses must be legally married to the principal applicant. Common-law spouses are not recognized unless they meet specific requirements in the country where the marriage occurred, and the marriage is legally valid there. 

Dependants receive the same visa classification, allowing them to reside in the U.S., attend school, and in the case of spouses, obtain employment authorization. Note: dependent children are not able to work. Children are able to attend school without having to apply for an F-1 student visa.

The principal applicant (E-1/E-2 visa holder) must be a national of a country with a treaty of navigation and commerce with the U.S.. However, their dependants do not have to be nationals of a treaty country. 

The duration and validity of your dependent’s status is tied directly to the principal E-1/E-2 applicant. If for any reason you the principal applicant loses the E-1/E-2 visa status, your dependants will automatically lose theirs as well. 

The E-1/E-2 principal applicant may travel abroad and will generally be granted an automatic two-year period of readmission when returning to the United States. If the family members separately travel abroad and return to the United States the new readmission period will not apply to the family members. If the principal applicant and their dependants travel outside of the U.S. together, and reenter the U.S. together, the new readmission period does apply to the dependants. To remain lawfully in the United States, family members must carefully note the period of stay they have been granted in E-1/E-2 status and apply for an extension of stay before their own validity expires.

Employment Authorization for Spouses 

Spouses of E-1/E-2 workers under the E-1/E-2 status are considered employment authorized incident to status. This means they are able to work without obtaining a separate work permit card, provided they are admitted lawfully in the U.S. with an E-1S/E-2S dependent classification. USCIS and CBP have begun issuing Forms I-94 with a new admission code for certain spouses of E-1/E-2 workers: E-1S/E-2S. An unexpired Form I-94 reflecting this new code is acceptable as evidence of employment authorization. E-1S/E-2S holders do not need to apply for a separate Employment Authorization Document (EAD) to work in the U.S.. Children of the principal applicant will not receive an ‘S’ on their visas because they are not eligible to work. 

The E-1S/E-2S is the status classification is specifically for spouses of E-1/E-2 visa holders. The principal applicant is only allowed to work in the treaty enterprise specified in their visa, while their spouse with the E-1S/E-2S classification is eligible to work for any company within the U.S.. E-1S/E-2S status is noted on Form I-94 (Arrival/Departure Record). For whatever reason your spouse does not receive an E-1S/E-2S classification (they may receive an E-1/E-2 classification) they will need to file Form I-765 application for Employment Authorization in order to obtain an Employment Authorization Document (EAD). 

Application Process

If applying outside of the U.S. your E-1/E-2 family case will be handled through consular processing at the local U.S. embassy or consulate (that handles E-1/E-2 cases) from your home country. Dependants can apply for their visas at the same time as the principal applicant or at a later date. The following is a list of what should be included in your application packages to the U.S. embassy or consulate:

• Each dependent must complete their own online DS-160 Non-immigrant Visa Application form.

• Pay application fees

• Prepare documentation demonstrating the familial relationship:

• Valid passports.
• Marriage certificate (for spouse).
• Birth certificates (for children).
• Photographs (5 x 5 cm color).

• A copy of the principal applicant’s E-1 visa (if applying after the principal).

After submitting your application, your family will be required to schedule an in-person interview at the U.S. embassy or consulate. Dependent interviews often happen simultaneously with the principal applicant, although they can take place later, it is strongly recommended to schedule the entire family for the same block of time. Generally, applicants aged 14 or older are required to attend the visa interview, although this can vary by consulate. Dependent E-1/E-2 visa interviews (for spouses/children under 21) focus on verifying familial relationships and ensuring the principal applicant meets treaty requirements. The interview involves presenting evidence of marriage or birth, proving the relationship, and reviewing the principal’s visa, generally confirming the family intends to live together lawfully while in the U.S.. At your interview you should bring copies of all the documents originally submitted to the embassy or consulate. 

The consular officer will inform you of the decision immediately after the interview. Approval of your case is up to the discretion of the consular officer conducting your interview. If approved, the officer will usually keep the passports of all applicants (including dependants) to stamp the visa. Passports are typically returned with the visa within 3-5 business days. While dependants can apply with the principal investor or at a later date, their approval is tied to the approval of the principal’s E-1/E-2 application. If the principal is approved, dependants are generally approved, provided their documentation is in order.

Blue Lake Law Can Help You Today

Navigating the E-1/E-2 visa process for you and your family can be complex, but you don’t have to face it alone. At Blue Lake Law, our experienced immigration attorneys are here to guide you through every step of the process, from initial eligibility assessments to final approval.

Our immigration services include:

• E-1/E-2 Visa Applications: We prepare and file complete, compelling visa applications on behalf of treaty traders, investors, and their dependants, maximizing your chances of approval.
• Consular Processing & Interview Preparation: Our attorneys will ensure your family is thoroughly prepared for your embassy or consulate interview, with all required documentation in order.
• Adjustment of Status: If you are already in the U.S. and wish to change your immigration status, we can assist you in filing the appropriate petitions with USCIS.
• Employment Authorization: We help spouses of E-1/E-2 holders understand their employment rights and, where necessary, file Form I-765 to obtain an Employment Authorization Document (EAD).
• Family-Based Immigration: Whether you are petitioning for a spouse, child, or other family member, our team can help you understand your options and navigate the process efficiently.
• General Immigration Counsel: From B-1/B-2 visas for relatives who don’t qualify as dependants to broader immigration planning, we offer comprehensive legal guidance tailored to your unique circumstances.

At Blue Lake Law, we understand that your family’s future is what matters most. Contact us today for a consultation and let our dedicated team help you build the life you envision in the United States.