E-2 Dependent Children: Schooling in the U.S. and What Happens at 21
Parents considering the E-2 visa often want to understand how the rules apply to their children, especially when school or college plans are already in motion. Questions about enrollment, timing, and the changes that come with turning 21 tend to come up early. It becomes an important part of the decision, since school and long-term plans usually shape the rest of the move.
The E-2 visa is available to nationals of countries that have a treaty of commerce and navigation with the United States. To qualify, the investor must place a substantial amount of capital into a real and operating United States business and come to direct or develop that enterprise. The United States Citizenship and Immigration Services (USCIS) also permits certain employees of the investor or a qualifying organization to apply when they meet the requirements for this classification. Spouses and unmarried children under 21 are eligible to seek E-2 dependent classification to live in the United States with the investor.
USCIS treats spouses and children differently under E-2 dependent status, so it helps to look at each group separately. USCIS allows the spouse of an E-2 investor to seek dependent classification and live in the United States with the investor. A spouse in valid E-2 or E-2S status is considered employment authorized incident to status, which means they may work without applying for a separate student or worker visa. These rules apply only to spouses, which is why the guidelines for children need to be looked at on their own.
Children who qualify for E-2 dependent status may live in the United States and attend school. USCIS does not require a separate student visa for study while the child maintains this dependent status. Their permission to study remains in place as long as they remain unmarried and under 21, which is the immigration definition of a child.
USCIS does not classify children in E-2 dependent status as employment authorized. The employment rules that apply to spouses do not extend to children, and an E-2 dependent child may not take a job or engage in other forms of paid work while in this category.
A change occurs when the child turns 21. At that point, they no longer meet the definition of a dependent for E-2 purposes and cannot remain in the United States under E-2 dependent status. To stay in the country lawfully, they must move to another immigration category before their dependent status ends. Students may shift to F-1 student status if they plan to continue in an academic program, while those entering a vocational or technical program may use the M-1 vocational student visa. Early planning helps the child move into the right category without a gap in status.
It is helpful to keep these rules in mind so there are no surprises later on. Many families find that once they understand how the age limit works, they can plan school or college paths with more certainty. It gives them room to think ahead and choose a timeline that makes sense for their child, instead of reacting to the rule when it becomes a deadline.
Sources:
- USCIS. https://www.uscis.gov/i-9-central/form-i-9-resources/handbook-for-employers-m-274/70-evidence-of-employment-authorization-for-certain-categories/79-other-temporary-workers/791-e-nonimmigrant-status
- USCIS. https://www.uscis.gov/green-card/green-card-processes-and-procedures/child-status-protection-act-cspa
- USCIS. https://www.uscis.gov/working-in-the-united-states/temporary-workers/e-2-treaty-investors
- USCIS. https://www.uscis.gov/working-in-the-united-states/students-and-exchange-visitors/students-and-employment