E2 Visas and Dependents

Business Visa Nonimmigrant Permanent Residency

E2 Visa Tips      E2 Visa Tips Videos

Spouses and Children of E2 Principals

Spouses and children of E-2 principals may enter the U.S. in dependent status. They do not need to share the treaty investor’s nationality. Dependent spouses of E-2 visa principals can obtain employment authorization in the United States. To remain lawfully in the United States, family members must carefully note the period of stay they have been granted in E-2 status, and apply for an extension of stay before their own validity expires. 

E2 visa status is granted for a maximum of two years. Extensions of such status can also be granted in maximum increments of two years. There is no limit on the number of extensions that may be granted.

While the E2 Visa status is not equivalent to a green card (nor does it provide a pathway to citizenship), it does allow the E2 holder an indefinite time frame of stay – as long as the investment enterprise is still in business.

One of the benefits of the E2 Treaty Investor Visa is the ability for the principal to extend the E2 status to his dependents – as long as the principal maintains his status. It is important that principal investors continue to maintain E2 status; or they may adversely affect the corresponding statuses of their dependents.

More information at: https://www.uscis.gov/working-united-states/temporary-workers/e-2-treaty-investors.

Immigration Status Example

For example, let’s consider a non-immigrant who is in the United States as an E2 Treaty Investor Visa and has three dependents, a wife and two children, who are also on E2 status.

The principal E-2 Treaty Investor becomes eligible for a U-Visa on the basis of being a parent of a child who has become a victim of a crime. In this case, the E-2 principal investor is indeed eligible for a U-Visa as the parent of a victim.

However, a non-immigrant is only allowed to hold one status at any given time.

If  Changing Visa Status – Extreme Caution Needed

Therefore, if the E2 principal elects to switch to a U-Visa, the E-2 child may potentially lose E-2 status and begin accruing unlawful presence in the United States once the transition is made.

The E2 principal investor should always strive to make sure that their business is economically profitable. E2 visa holders should also check with an immigration lawyer regarding any immigration benefits they wish to pursue. A full analysis of the immigration consequences should be done.

E2 Visa Basics

· E-2 visa applicants must be nationals of a country with which the United States has a treaty of commerce and navigation.

· E-2 treaty traders must be entering the U.S. solely to develop and direct an enterprise into which they have invested, or are currently investing, a substantial amount of capital.

· For E-2 treaty investors, there is no minimum required investment. The investment need only be substantial in proportion to what it would cost to buy a business of the same nature, or to establish a new one.

VERDIN Dallas Immigration Law FAQs

E2 Visa Points to Know

1. Plan to Succeed: The U.S. government wants to see that the foreign investor has planned for success. Accordingly, the investor should provide a detailed 5 Year Business Plan – forecasting capacity to generate sufficient revenue to exceed minimal living standards.

2. Five Year Business Plan Assistance: VERDIN will assist in creating your Five Year Business Plan. Call 214-741-1700 or 800-656-4232; or Contact VERDIN Law.

3. Create US Job Opportunities: The foreign investor should provide evidence to show that the enterprise will create job opportunities in the U.S. By expanding jobs in the U.S. economy, the investor can increase his or her probabilities of obtaining the E2 visa.

4. Provide Evidence for Income Generation: An E2 applicant is to provide evidence that the enterprise will generate significant income at a level that is above a standard living income for the total number of family members in the investor’s household.

5. Provide Documentation for Source of E2 Visa Investment: If the enterprise has the capacity to generate significant income then the investor should provide evidence. For example, if the enterprise has already generated high sales volume, then the investor should provide bank statements and Profit & Loss statements to support the declaration of high income. We advise on all strategies and tools available, such as VIBE; a free tool the U.S. government uses this tool to investigate businesses.

Dallas Family Immigration Attorneys

At VERDIN, our attorney team has extensive experience in family immigration law. Some of the firm’s areas of expertise include:

Family Immigration Questions? Please Contact VERDIN Law

Isaul VERDIN and the VERDIN Law Team has extensive experience in obtaining permanent resident status and other immigration benefits through family relationships.

VERDIN has an exceptional track record in defending clients from deportation. VERDIN’s veteran litigators include former immigration court staff attorneys, Special Assistant U.S. Attorneys, and U.S. army Judge Advocate Generals (JAGs).

Whether before an immigration court, the Board of Immigration Appeals, or a federal circuit court of appeals, VERDIN is prepared to provide the best deportation defense available.

VERDIN boasts a combined 70 years of experience in immigration law. Since its inception, VERDIN has gained a reputation for prevailing in even the most complicated immigration matters.

“As a Board Certified, Immigration Lawyer (Texas Board of Legal Specialization) with over 17 years of experience, my passion is immigration law. We will listen to your concerns, answer all your questions, and expertly guide you through your immigration process.” ~ Isaul VERDIN, Founder and Managing Attorney

VERDIN business hours are from 8-5PM Monday through Friday.

Main Number: (214) 741-1700
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