Package for spouses of E Visa Holder

E-1 dependent status is the appropriate immigration status for family members of an E-1 or E-2  Treaty Trader.  An E-1 or E-2 Treaty Trader visa can only be obtained outside the United States at a U.S. Embassy.  However, if family members of an E-1 or E-2  visa holder are inside the United States and currently hold a valid nonimmigrant status, they are eligible to change their nonimmigrant status to E-1 or E-2  Dependent status after the principal E-1 or E-2 visa holder arrives in the United States.  

This situation may occur in a number of situations, but, to give a common example, a family may come to the United States in B1/B2 tourist visa status.  During the trip, a family member may identify a business opportunity, and take steps to open up a business.  Since the E-1 or E-2 visa needs to be obtained abroad, that family member would need to depart from the United States to attend an interview at a U.S. Embassy and get his visa.  However, it makes little sense for the whole family to go back for the visa interview when only one member of the family needs to obtain an E-1 or E-2 visa.  In this case, the rest of the family may simply remain in the United States in B1/B2 status while their family member obtains an E-1 or E-2 visa. Once the principal family member obtains the E-1 or E-2 visa abroad the family will be able to file a petition to change status to E-1 or E-2 visa in the U.S. It is important to keep in mind that the family’s immigration status does not automatically change once the E-1 or E-2 family member returns to the U.S.  The remaining members of the family must apply for a change of status to E-1 or E-2 dependent status so that the family’s immigration status is aligned.  

The purpose of this package is to provide instructions to dependent family members who are already inside the United States, and who need a change of status to E-1 or E-2 dependent status.  This package is appropriate for anyone who meets the following criteria: 

• You lawfully entered the United States and your nonimmigrant status has not yet expired; 
• You are the spouse or child (younger than 21) of an E-1 or E-2 visa holder; and
• You are not already in E-1 or E-2 dependent status.

E-1 or E-2 dependent visa holders are allowed to live and study in the United States.  They are also entitled to apply for Employment Authorization (E-1 or E-2 dependent visa holders cannot work in the United States unless they have been granted an Employment Authorization Document).  This package does not contain instructions for filing for Employment Authorization as an E-1 or E-2 dependent visa holder.  If you are currently in E-1 or E-2 dependent status and you are interested in applying for Employment Authorization, please see our package regarding applications for Employment Authorization.    

This package is intended only for individuals who have “clean” criminal and U.S. immigration histories, and is intended for use only by individuals who have a lawful immigration status.  You should not buy this package if you have a serious criminal history (including any convictions for drugs, no matter how minor) or you have committed violations of U.S. immigration law in the past.  In either case, you might not be eligible for a change of status.  In most cases, you are not eligible for a change of status if you hold J-1 or J-2 status and are subject to the two-year home residence requirement.  If you have any reason to suspect that you might not be eligible for a change of status, you should consult with an experienced U.S. immigration attorney prior to filing your application.