What if you must leave behind everything you know to start a new life and business in the U.S.? The excitement, the uncertainty, and the overwhelming desire to build something of your own. You’ve secured your E-2 visa and are ready to live your American dream. Then, the next big question comes up: Can I bring people with my E-2 visa?
You might be thinking about how your family fits into this new chapter of your life. Can your spouse work? Can your children attend school? These are crucial questions, and understanding your options is vital for a smooth transition.
This blog will answer that question, helping you understand the rules for bringing your family along and what they can do while living in the U.S. With clear insights into the E-2 visa’s family and dependent regulations, you’ll feel confident about the path ahead.
Can I Bring People with My E-2 Visa?
Yes, as an E-2 visa holder, you can bring your immediate family members with you to the U.S. This includes your spouse and children, but there are certain guidelines and limitations you need to be aware of.
Immediate Family Members Who Can Accompany You:
-
Spouse
Your spouse can join you on the E-2 visa. Here’s a list of their rights and responsibilities:
- Work Authorization:
Your spouse is eligible to apply for work authorization. This allows your spouse to work for any employer in the U.S. or even start their own business. Once approved, this gives your spouse financial independence and a valuable opportunity to contribute to your household income. - Study Rights:
Your spouse is also permitted to study in the U.S., whether full-time or part-time. Whether they want to pursue a degree or take part in professional development, the E-2 visa allows them the flexibility to do so without any additional restrictions.
-
Children
Your children, unmarried and under the age of 21, are eligible to accompany you to the U.S. as dependents under the E-2 visa. Here are their rights:
- Educational Rights:
Children can attend primary, secondary, or higher education in the U.S. This means they can enroll in public or private schools, as well as universities, while residing in the country. The education system in the U.S. offers a wide variety of options for children, from elementary schools to higher learning institutions.
- No Work Rights:
However, one restriction is that children cannot work while on the E-2 visa. They can only focus on their education and do not have permission to seek employment in the U.S. during their stay.
Family Member Limitations:
- No Other Family Members: The E-2 visa does not extend to other relatives such as parents, siblings, or in-laws. These extended family members are not eligible to accompany you to the U.S. on the E-2 visa.
- Dependent Status: Your family’s stay in the U.S. is directly tied to your E-2 visa status. If your visa expires or is revoked, your family members’ ability to remain in the U.S. will be affected. They will need to adjust their status or leave the country accordingly.
Since you get your answer, it is important to understand the requirements you’ll need to meet. This is especially true when applying for an E-2 visa in the U.S.
Also Read: L-1 to H-1B Visa Change of Status Process Guide
Eligibility Criteria for the E-2 Visa
Before applying for the E-2 visa, it’s essential to meet the eligibility requirements set by the U.S. government. These criteria ensure that applicants are investing in viable U.S. businesses and are genuinely committed to managing them. Here are the key eligibility factors for the E-2 visa:
-
Treaty Country Requirement
You, as an applicant, must be a citizen of a treaty country. This means that the country has a treaty of commerce and navigation with the United States. The treaty allows individuals from these countries to apply for an E-2 visa. Checking whether your country is on the treaty list before applying is essential. If your country does not have a treaty, you would not be eligible for the E-2 visa.
-
Investment Requirements
To meet the E-2 visa criteria, you must demonstrate that your investment is substantial. This means the amount you invest should be enough to establish and maintain a viable business in the U.S. Below are the key aspects of the investment requirements:
- Substantial Investment: While there’s no fixed minimum amount, typical investments range from $50,000 to $100,000 or more, depending on the type and nature of the business.
- Real, Operational Business: The investment must be in a real, active business that is operational. This can’t be a passive investment, such as buying real estate or holding stocks. The business must involve actual operations and must be providing services or goods to the U.S. market.
- At-Risk Investment: The funds you invest must be at risk of loss. This means the investment cannot be marginal or speculative. If the business fails, you should be prepared to lose your investment. In other words, the business must have a realistic potential to generate profit and contribute to the U.S. economy.
- Control Over the Business: You must be able to control and direct the business you are investing in. This typically means you have 50% ownership in running the business.
-
Documentation
- Form DS-160: Online Nonimmigrant Visa Application.
- Proof of nationality (such as your passport).
- Evidence of the investment made (bank statements, proof of transfer, etc.).
- Detailed information about the business operations and how it will generate income.
- Form DS-156E: Nonimmigrant Treaty Trader/Investor Visa Application (for E-2).
-
Additional Requirements
Apart from the investment requirements, the U.S. government expects you to have a clear purpose for entering the U.S. This involves the following considerations:
- Intended Purpose: You must intend to enter the U.S. specifically to develop and direct the business enterprise. This is not a visa for passive investors who simply want to live in the U.S. If your intention is unrelated to business management, such as purely seeking residence, the visa will not be granted.
- EIN and U.S. bank Account: You also need to apply for an EIN, i.e., Employee Identification Number. This is also known as a Federal Tax ID number. The IRS uses this number to efficiently recognize and track businesses for tax-related purposes. Also, don’t forget to set up a bank account once you receive your EIN.
The eligibility criteria is the first step toward making your U.S. business dream a reality. If you’re unsure about any part of the process, The Law Offices of Sweta Khandelwal can guide you every step of the way.
How Long Can You Stay in the U.S. With Your E-2 Visa?
The E-2 visa is popular for its flexibility when it comes to duration. This visa offers a significant opportunity for investors to stay and work in the U.S. while operating their business. Here’s a breakdown of the duration rules for the E-2 visa:
-
Initial Stay
You can initially stay two years when you first receive your E-2 visa. This period allows you to establish and begin running your business in the U.S. It’s important to note that this two-year period is not a fixed limit. Rather, it serves as the standard duration for new E-2 visa holders.
-
Renewal
One of the key advantages of the E-2 visa is that it can be renewed indefinitely in two-year increments. As long as your business remains operational and you meet all E-2 visa requirements, you can apply for renewal each time the two-year period ends. There’s no limit to how many times the visa can be renewed.
However, it’s essential to demonstrate that your business is sustaining itself and actively contributing to the U.S. economy. Your business must meet several ongoing criteria, such as:
- Maintaining Operational Status: The business must continue to be active and operating.
- Job Creation: The business should generate jobs for U.S. workers, which strengthens its impact on the economy.
- Substantial Investment: Your investment must still be substantial, and it should reflect that the business remains at risk.
Your visa renewal may be denied if any of these conditions are not met. It’s critical to stay compliant with all rules to ensure your business and your visa remain in good standing.
If you are ready to start your application process for an E-2 visa, then a thorough guide about the E-2 application might be helpful.
Read Also: US Visa 221(g) Administrative Processing: Timeframe and Passport Return
How to Apply for Your E-2 Visa Application: A Step-by-Step Guide
Think of this step as collecting everything that will help prove your eligibility for the E-2 visa. The E-2 visa process is straightforward, but being well-prepared is crucial. Here’s how you can move forward with your application:
Step 1: Choose Your Application Method
Once you have your paperwork ready, it’s time to decide how to submit your application:
- Consular Processing:
If you’re outside the U.S., you’ll apply through a U.S. Embassy or Consulate in your home country. You’ll need to fill out Form DS-160 (the online application form), pay the visa fee, and schedule an appointment for a visa interview. - Change of Status:
If you’re already in the U.S. and want to switch your status to E-2, you’ll file Form I-129 (Petition for a Nonimmigrant Worker) with USCIS. This option is available to those already legally residing in the U.S. but needing to adjust their status to an E-2 visa.
Step 2: Submit Your Application
Once you’ve completed your forms and gathered your supporting documents, submit your application.
Step 3: Schedule and Attend Your Interview (If Applicable)
If you’re applying through consular processing (outside the U.S.), you’ll need to schedule and attend a visa interview. This will occur at the U.S. Embassy or Consulate. This interview is where you’ll answer questions about your investment and business plans. Be sure to bring all required documents with you to the interview.
Step 5: Receive Your E-2 Visa or Approval Notice
If your application is approved, you’ll either receive an E-2 visa stamp in your passport (if applying from abroad) or a Form I-797 Approval Notice (if applying for a change of status while in the U.S.). Once you have your approval, you’re free to begin your U.S. business venture.
Processing Time of Your E-2 Visa:
An E-2 visa can take 11 months to process. Processing times depend on your consulate and the volume of applications they receive. Apply in advance to avoid delays.
If you apply for an E-2 visa, does that guarantee permanent residency? Let’s figure out!
Read Also: EB-5 Visa Statistics and Annual Limits Explained
Can Your E-2 Visa Lead to a Green Card?
In general, an E-2 visa does not automatically link to a Green Card or permanent residency. However, alternative pathways can help you transition to a Green Card. If your business grows and meets certain criteria, you may qualify for an EB-5 visa for investors who create jobs and meet higher investment thresholds.
Additionally, you could explore employment-based Green Cards (such as EB-2 or EB-3) or adjust your status through family sponsorship if you meet the requirements.
If you qualify, you may change your status to a different visa or apply for a green card using another route, such as through family sponsorship or an employment-based application.
The process can be complex, but you can achieve your goals with the right guidance. Contact Sweta Khandelwal today to learn more about your path to permanent residency.
Conclusion
The E-2 visa opens doors for foreign nationals from treaty countries to invest in and run businesses in the United States. It’s a visa designed to help entrepreneurs develop and direct a U.S. enterprise, allowing them to not only work but also bring their family along. However, the path to securing this visa and fully understanding its advantages and limitations can be complex.
Ready to explore your options for transitioning from an E-2 visa to a Green Card? Contact the Law Offices of Sweta Khandelwal for the best legal guidance. If you want to learn more about the benefits of the E-2 visa for your family, contact Sweta Khandelwal today. For more insights on the E-2 visa process, visit The Law Offices of Sweta Khandelwal.
Disclaimer
Please note that the prices listed for visa services are estimates and may vary in real-time. We recommend consulting the official government websites or other authoritative resources for the most up-to-date pricing information. These estimates do not constitute a guarantee of costs, and fees may change without notice.
