How to Immigrate to the US with Your Family Under the E2 Visa Program

If you are a foreign national who wants to invest in a business in the US, you may be eligible for an E2 visa. The E2 visa is a nonimmigrant visa that allows you to live and work in the US for as long as your business is operating and profitable. But what about your family? Can you bring them with you to the US on your E2 visa?

The answer is yes, you can. The E2 visa allows you to bring your spouse and children under 21 as dependents. They will receive the same E2 visa classification as you and enjoy the same benefits, such as being able to travel in and out of the US without restrictions. However, there are some rules and requirements that you and your family members need to follow to obtain and maintain your E2 visas.

This article will explain how to immigrate to the US with your family under the E2 visa program. We will cover the following topics:

• What is the E2 visa, and who is eligible for it?
• How to apply for an E2 visa for yourself and your family members.
• What are the benefits and limitations of the E2 visa for you and your family members?
• How to renew or extend your E2 and family members’ visas.
• How to transition from an E2 visa to a green card.

What is the E2 visa, and who is eligible for it?

The E2 visa is a treaty investor visa available for nationals of countries with a treaty of commerce and navigation with the US. You can check the list of treaty countries here: https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/fees/treaty.html.

To qualify for an E2 visa, you must meet the following requirements:

• You must be a national of a treaty country.
• You must have invested, or be in the process of investing, a substantial amount of capital in a bona fide enterprise in the US. There is no fixed minimum amount of investment required. Still, it must be sufficient to ensure your financial commitment to the success of the business and its ability to generate more than a minimal living for you and your family.
• You must seek to enter the US solely to develop and direct the enterprise’s operations. You must demonstrate at least 50% ownership or operational control of the enterprise.
• The enterprise must be real, active, and not marginal. It must provide goods or services to the US market and create jobs for US workers.

How to apply for an E2 visa for yourself and your family members

To apply for an E2 visa for yourself and your family members, you need to follow these steps:

1. Prepare your business plan and supporting documents. You need to show evidence of your investment, such as bank statements, contracts, receipts, invoices, etc. You must also show proof of your ownership or control of the enterprise, such as articles of incorporation, bylaws, stock certificates, etc. You also need to show evidence of the viability and profitability of the enterprise, such as financial statements, tax returns, business licenses, etc.
2. File Form I-129 with USCIS if you are already in the US on another nonimmigrant status. This form requests a change of status or extension of stay for nonimmigrant workers. You must pay a filing fee of $460 and a fraud prevention fee of $500. You must also submit Form I-539 for each dependent family member in the US.
3. Apply for an E2 visa at a US embassy or consulate if you are outside the US or prefer to apply abroad. You must complete Form DS-160 online and pay a non-refundable application fee of $205 per person. You must also schedule an interview at your country’s nearest US embassy or consulate. You must bring your passport, confirmation page of Form DS-160, receipt of payment, business plan and supporting documents, and photos for each applicant. You may also be asked to provide additional documents or information during the interview.
4. Receive your E2 visa stamp on your passport if your application is approved. The validity period of your E2 visa will depend on the reciprocity schedule between your country and the US. You can check the reciprocity schedule here: https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/fees/reciprocity-by-country.html
5. Enter the US with your E2 visa and receive an I-94 arrival/departure record indicating your authorized stay period in the US. The initial period of stay for E2 visa holders is usually two years, but it may vary depending on your country of origin and the discretion of the immigration officer.

What are the benefits and limitations of the E2 visa for you and your family?

The E2 visa offers several benefits for you and your family members, such as:

• You can live and work in the US for as long as your business is operating and profitable.
• You can travel in and out of the US without restrictions.
• You can apply for unlimited extensions or renewals of your E2 visa if you maintain eligibility.
• Your spouse can apply for a work authorization document (EAD) that allows them to work for any employer in the US.
• Your children can attend school in the US without needing a separate student visa.

However, the E2 visa also has some limitations, such as:

• You cannot change the nature or scope of your business without notifying USCIS and obtaining a new E2 visa.
• You cannot work for another employer or engage in any other activity unrelated to your business.
• Your children cannot work in the US or remain in the US as dependents after they turn 21 years old.
• You cannot apply for a green card based on your E2 visa status.

How to renew or extend your E2 visa and your family members’ visas

To renew or extend your E2 visa and your family members’ visas, you need to follow these steps:

1. Check the expiration date of your current E2 visa and I-94 record. You should apply for a renewal or extension at least six months before they expire.
2. Update your business plan and supporting documents. You need to show evidence that your business is still operating and profitable and that you are still meeting the E2 visa requirements.
3. File Form I-129 with USCIS if you are in the US and want to extend your stay. You need to pay the same fees as when you first applied. You must also submit Form I-539 for each dependent family member in the US with you.
4. Apply for a new E2 visa at a US embassy or consulate if you are outside the US or want to renew your visa stamp. You must follow the same process as when you first applied, except that you do not need to pay the application fee again if your country has a reciprocity agreement with the US that waives this fee for subsequent applications.
5. Receive your new E2 visa stamp on your passport if your application is approved. The validity period of your new E2 visa will depend on the reciprocity schedule between your country and the US.
6. Enter the US with your new E2 visa and receive a new I-94 record indicating your authorized stay period in the US. The period of stay for E2 visa holders is usually two years, but it may vary depending on your country of origin and the discretion of the immigration officer.

How to transition from an E2 visa to a green card?

The E2 visa is a nonimmigrant visa that does not provide a direct path to a green card. However, there are some ways that you can transition from an E2 visa to a green card, such as:

• Applying for an employment-based green card through another category, such as EB-1 (extraordinary ability), EB-2 (advanced degree or national interest waiver), or EB-5 (immigrant investor).
• Applying for a family-based green card through marriage to a US citizen or permanent resident or through sponsorship by another eligible relative who is a US citizen or permanent resident.
• Applying for a diversity lottery green card through the annual program that randomly selects applicants from countries with low rates of immigration to the US.
• Applying for asylum or refugee status if you have a well-founded fear of persecution in your home country based on your race, religion, nationality, political opinion, or membership in a particular social group.

However, each option has its requirements, procedures, and challenges. Therefore, it is advisable to consult with an experienced immigration attorney before pursuing any of them.

Conclusion

The E2 visa is an excellent option for foreign nationals who want to invest in a business in the US and bring their family members with them. However, it also has limitations and challenges that require careful planning and preparation. Therefore, it is advisable to consult with an experienced immigration attorney who can guide you through the process and help you avoid any mistakes or delays.