Rules for Family Members and Spouses of E-2 Visa Holders

Before you decide to spend two years in the US under an E-2 investor visa, you are naturally wondering how your spouse and children will be able to accompany you. Under US immigration law, both E-2 treaty investors and employees may be accompanied by their spouses and any unmarried dependent children (if they are under 21 years of age).  

Here are a few guidelines to remember when bringing your relatives to the US under an E-2 visa:

  • Your family’s nationalities do not have to be the same as yours, nor the same as the investor’s.
  • If approved, your family members will be granted E-2 nonimmigrant classification, and your dependents will most likely be given the same period of stay as you.  
  • If the family members are already in the United States, they may apply for E-2 dependent classification by filing one Form I-539 and application fee.  
  • Although spouses of E-2 workers must be granted work authorization before employment, there are no restrictions as to where E-2 spouses may work.

Most workers who apply for E-2 dependent visas encounter significant difficulty bringing their families to the US. 

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