Introduction to E-2 Visa for Family Members
The E-2 visa is a non-immigrant visa that allows foreign nationals to enter and work in the United States, and it also provides opportunities for their family members to accompany them. The spouse and unmarried children under the age of 21 of an E-2 visa holder are eligible to apply for a derivative visa, which allows them to enter and stay in the United States for the same period as the principal visa holder.
To qualify for an E-2 visa, the principal applicant must demonstrate that they have invested a substantial amount of capital in a US business, or that they are an essential employee of a company that has made such an investment. The family members of the principal applicant do not need to meet these requirements, but they must demonstrate that they are the spouse or unmarried child of the E-2 visa holder.
Eligibility Requirements for Family Members
To be eligible for a derivative visa as a family member of an E-2 visa holder, the applicant must demonstrate that they are the spouse or unmarried child under the age of 21 of the principal visa holder. The applicant must also demonstrate that they are not otherwise inadmissible to the United States, and that they intend to leave the United States at the end of their authorized stay.
The family members of an E-2 visa holder are not required to meet the same eligibility requirements as the principal applicant, but they must still comply with all applicable US immigration laws and regulations. This includes providing documentation of their relationship to the principal visa holder, as well as proof of their identity and nationality.
Application Process for Family Members
The application process for family members of an E-2 visa holder typically involves submitting a visa application and supporting documentation to a US embassy or consulate abroad. The applicant must also attend an interview with a consular officer, who will review their application and ask questions to determine their eligibility for a visa.
The family members of an E-2 visa holder may also be eligible to apply for a visa at a US port of entry, or to change their status to that of a derivative visa holder if they are already in the United States in a different status. However, this requires prior approval from US Citizenship and Immigration Services (USCIS), and the applicant must still comply with all applicable US immigration laws and regulations.
Rights and Privileges of Family Members
The family members of an E-2 visa holder have the right to enter and stay in the United States for the same period as the principal visa holder, and they are also entitled to certain privileges and benefits. This includes the right to attend school, to work in certain circumstances, and to receive medical treatment and other social services.
The family members of an E-2 visa holder are also entitled to apply for a social security number, and to obtain a driver's license or other state-issued identification document. However, they are not eligible to vote in US elections, and they may be subject to certain restrictions on their activities and employment in the United States.
Conclusion and Next Steps
In conclusion, the E-2 visa provides a valuable opportunity for foreign nationals to work and live in the United States, and it also offers certain benefits and privileges to their family members. To take advantage of these opportunities, it is essential to understand the eligibility requirements and application process for family members, as well as their rights and privileges in the United States.
If you are a family member of an E-2 visa holder, or if you are considering applying for an E-2 visa and want to learn more about the opportunities and requirements for your family members, it is recommended that you consult with an experienced immigration attorney. They can provide you with personalized guidance and advice, and help you to navigate the complex US immigration system.
Frequently Asked Questions
What is the difference between an E-2 visa and a derivative visa?
An E-2 visa is a non-immigrant visa for foreign nationals who invest in a US business, while a derivative visa is for their family members, including spouses and unmarried children under 21.
Can family members of an E-2 visa holder work in the United States?
Spouses of E-2 visa holders can apply for work authorization, but children are not eligible to work. Spouses must obtain an Employment Authorization Document (EAD) from USCIS.
How long can family members of an E-2 visa holder stay in the United States?
Family members can stay in the United States for the same period as the principal E-2 visa holder, typically up to 2 years, with the option to extend their stay.
Do family members of an E-2 visa holder need to meet the same eligibility requirements as the principal applicant?
No, family members do not need to meet the same eligibility requirements, but they must demonstrate their relationship to the principal visa holder and comply with US immigration laws.
Can family members of an E-2 visa holder attend school in the United States?
Yes, family members of an E-2 visa holder can attend school in the United States, including public and private schools, colleges, and universities.
How do family members of an E-2 visa holder apply for a social security number?
Family members can apply for a social security number by submitting an application to the Social Security Administration, along with proof of their identity and immigration status.