E-2 Investment Visa Dependents

Foreign nationals from nations with an investment treaty with the United States may invest in a physical business enterprise in the United States and obtain E-2 visas for themselves, key employees, and their dependents. The employees must be essential for the business operation. In addition, the employees must be the same nationality as the treaty enterprise.

E-2 Visa Dependents

• Employees

  There are two classes of employees (treaty nationals) that can obtain an E-2 visa.

  1. Executive Supervisory Capacity

     An executive employee’s principle role must be supervisory. They must be overseeing the daily business operations and supervising employees. Routine staff work should be a minor part of their job duties. Great weight is also given to the size of the business operation. For example, a manager for a two person office will have a difficult time being recognized as an executive.

  2. Essential Skills Employees

     An essential skills employee can qualify for an E-2 visa if they have special qualifications that make their jobs skills essential to the efficient operation of the business enterprise. Essential skills employees must have specialized knowledge or proprietary knowledge that is not readily available in the United States. The essential skills employee provide evidence of the experience and training necessary to achieve such skill. Essential skills employees are expected to help train U.S. workers. There may be a long term on-going need for an essential skills employee if the need for quality control and product improvement can be established.
• Immediate Relatives

  Immediate relative family members of the E Principle Investor and E-2 Employees are entitled to enter the United States as E-2 Dependents. Immediate family members include the spouse of the visa holder and unmarried children under the age of 21. If the children become 21 years old or get married, they automatically lose their E-2 status. If the principle E-2 visa holder and the E-2 dependent spouse gets divorced, the spouse will lose their E-2 status.

Benefits for an E-2 Dependent

• The E-2 Spouse can obtain employment authorization and work legally in the United States.
• E-2 principles and their dependents can get a U.S. Social Security Card and Drivers Licenses
• E-2 dependent children who are able to enroll in local schools in the United States.
• E-2 dependent can extend their status as long as the primary E-2 status holder is in status

Note: E-2 dependent visa is an add-on and must be applied with an E-2 investment visa.