The E-2 visa offers an attractive way for investors to live and run a business in the United States — but what does it mean for their family? This article explains what spouses and children can and cannot do on an E-2 visa status and offers practical steps for making the most of the benefits.

Who qualifies as a family member on the E-2 visa?

Under the E-2 nonimmigrant classification, family members who may accompany the principal visa holder are limited to the spouse and unmarried children under age 21. These family members receive derivative E-2 dependent visas (often annotated as E-2 dependent or similar on the visa stamp) and are authorized to reside in the U.S. for the same period as the principal investor.

Dependents must maintain their relationship to the principal to keep their status — for example, children who turn 21 or marry generally lose derivative E-2 status and must seek another visa category or leave the U.S.

Can a spouse work in the United States on an E-2 dependent visa?

Yes. A significant benefit of the E-2 program is that a spouse may lawfully work in the United States incident to status. After the spouse enters the U.S. in E-2 dependent status, they may apply to U.S. Citizenship and Immigration Services (USCIS) for an Employment Authorization Document (EAD) by filing Form I-765. Once USCIS approves the I-765, the spouse receives an EAD card that authorizes employment.

Many spouses use this authorization to work for U.S. employers, start their own business, or work remotely for overseas companies, provided the activity complies with U.S. law and tax rules. Employers generally rely on the EAD or the I-94 Arrival Record showing "E-2S" status as proof of employment authorization when completing Form I-9.

Processing times for an EAD can vary, so it is prudent to check the current USCIS processing times and submit the application promptly after arrival. For official information on the E-2 category, see the USCIS E-2 page and the U.S. Department of State guide to E visas.

Key practical steps for a spouse who wants to work

• After entry, prepare and file Form I-765 with USCIS, including supporting documents such as a copy of the E-2 dependent visa page, passport, marriage certificate, and proof of entry (I-94).
• With the EAD or I-94 showing "E-2S" status, the spouse may apply for a Social Security Number and begin employment.
• If the spouse plans to start a U.S. business, consult an immigration attorney and tax advisor on business structure and compliance.

Can dependent children work or study in the United States?

Children who hold derivative E-2 status may study in the United States without changing to an F-1 student visa. That includes attendance at public or private kindergarten through 12th grade, as well as college or university programs. Many families appreciate that E-2 children do not need a separate student visa to enroll in U.S. schools.

Children, however, are generally not authorized to work in the United States while on derivative E-2 status unless they obtain their own employment authorization (for example, by changing to a visa category that allows work). For minors, this is uncommon; once they reach adulthood (or if they change status to F-1 for higher education), different rules apply.

Enrollment and higher education considerations

For K–12 public schools, local school districts typically require proof of residence, birth certificate, immunization records, and proof of guardianship or parental authority. Families should contact the local school district early to learn enrollment deadlines and specific document requirements.

For higher education, E-2 dependent students may enroll in degree or non-degree programs without changing status to F-1. However, tuition status (in-state vs. out-of-state or international rates) is determined by state and institution policies and often depends on residency and immigration status. E-2 dependents are commonly treated as non-resident or international for tuition purposes, but some states or institutions have pathways to in-state tuition for nonimmigrant residents — families should confirm with the institution’s admissions or registrar’s office.

Can an E-2 spouse or child study full-time and still keep E-2 dependent status?

Yes. Full-time study by a spouse or child does not conflict with derivative E-2 status. The family member does not need to convert to an F-1 visa to pursue full-time education. That said, if the dependent wants the benefits that specifically accompany F-1 status (such as Optional Practical Training, or OPT, for post-degree work), they would have to change status to F-1. Changing to F-1 should be carefully planned to avoid gaps in status and unintended immigration consequences.

What about remote work, self-employment, or owning a business?

Once a spouse has an EAD or I-94 showing "E-2S" status, he or she generally may work for any employer, be self-employed, or start a business in the United States. Many E-2 spouses use this flexibility to launch startup ventures, consult, or work remotely for foreign companies. Before beginning any paid activity, it is important to confirm that the spouse’s EAD or I-94 with "E-2S" is valid and unexpired.

Before obtaining an EAD or I-94 with "E-2S", performing work — even remote work for a foreign employer while physically present in the U.S. — is considered unauthorized employment and should be avoided. Volunteering in bona fide nonprofit roles that do not otherwise constitute employment is generally acceptable, but families should be cautious and seek legal guidance if unsure.

Practical documentation and evidence families should maintain

Maintaining clear, organized documentation helps protect both the principal investor and their dependents:

• Proof of relationship: marriage certificate for spouse; birth certificates for children.
• Copies of all E-2 and dependent visa stamps, passports, and I-94 arrival records.
• For a spouse seeking work: the I-765 receipt notice and, later, the EAD card.
• For children enrolling in school: immunization records, proof of residence, and prior school records/transcripts.
• Evidence that the principal investor continues to own and operate the qualifying E-2 enterprise (for example, financial statements, employee payroll, business licenses), which supports continued dependent status.

What happens when a child turns 21 or the family relationship changes?

Derivative E-2 status is tied to being an unmarried child under 21. When a child reaches 21 or marries, they generally lose derivative E-2 status and must either change to a different visa category, adjust status through another qualifying route, or depart the U.S. Common options include:

• Applying for an F-1 student visa (or changing status to F-1) to continue studies.
• Pursuing independent employment-based sponsorship if eligible.
• Exploring family-based immigration paths (e.g., a U.S. citizen parent petitioning, once available).

Families should plan ahead of the child's 21st birthday to avoid an unexpected loss of status and to ensure smooth transitions for education or employment plans.

Tax, healthcare, and practical living considerations

Employment in the U.S. creates tax obligations. A spouse who works — whether for a U.S. employer or a foreign company — will likely have federal and state tax reporting responsibilities. Consulting a tax professional who understands nonimmigrant tax rules is advisable.

Health insurance is another important consideration. Dependents should be covered either under the principal’s plan, a spouse’s employer-sponsored plan, or a private policy. Public benefits eligibility for nonimmigrants varies, so families should confirm what is allowed at the federal and state level.

Common questions and quick answers

• Can a spouse start working immediately upon entry? No — the spouse should wait for EAD approval before starting paid employment.
• Can a child work part-time? Not under derivative E-2 status unless the child has separate work authorization or another status that permits employment.
• Do dependents need a student visa to study? No — dependents may study with derivative E-2 status; they do not need to change to an F-1 visa unless they want specific F-1 benefits.
• Can a spouse own a business? Yes, once he or she has an EAD, ownership and active management generally are permitted.

Practical checklist for families arriving on E-2 status

• Confirm the principal investor’s E-2 approval and dependent visa issuance.
• Upon arrival, gather I-94 records and copies of passports and visas.
• Spouse: prepare and file Form I-765 to apply for an EAD (include marriage certificate and proof of E-2 dependent status).
• Children: contact the local school district to learn enrollment requirements and gather immunization and prior school records.
• Plan for health insurance and consult a tax advisor regarding employment and income reporting.
• Keep organized records proving the ongoing operation of the qualifying E-2 enterprise.

Every family’s circumstances differ, and immigration law can be nuanced. For tailored guidance about employment authorization, school enrollment, or long-term planning for children approaching age 21, it is wise to consult an experienced E-2 immigration attorney and other professionals (such as tax advisors and education counselors).

Would this family’s situation benefit from a personalized checklist or next-step plan? They can request case-specific advice to ensure they use their E-2 benefits correctly and avoid common pitfalls.

Please Note: This blog is intended solely for informational purposes and should not be regarded as legal advice. As always, it is advisable to consult with an experienced immigration attorney for personalized guidance based on your specific circumstances.