E-2 dependent status offers flexibility in how dependents may live and study in the United States. Dependents may remain in the country for as long as the principal E-2 investor maintains a valid status and may enroll in U.S. schools, including colleges and universities, while holding E-2 dependent status. U.S. Citizenship and Immigration Services (USCIS) confirms that E status is not subject to restrictions on study. This structure allows dependents, particularly children, to progress through different stages of education.
However, that structure has limits. E-2 dependent status is not independent. It exists only through the principal E-2 investor’s status. A dependent may remain in E-2 status only while the principal maintains a valid period of authorized stay. If the principal’s E-2 status expires or otherwise ends, dependent status does not continue on its own. The timing of when the status ends depends on how the principal’s E-2 status concludes, such as expiration of the authorized stay or a change to another immigration classification. For dependents enrolled in degree programs, this means their ability to remain in the United States is tied to the principal’s immigration status rather than to their education.
Age limits also apply. Children may remain in E-2 dependent status only until they turn 21. This age limit is set by immigration regulations and cannot be extended. Once a child reaches 21, E-2 dependent status ends, even if the principal E-2 investor continues to hold valid status. A student who wishes to remain in the United States after that point must hold another lawful status in their own right to continue studying.
Employment is another practical limitation. While E-2 dependents may attend school, employment that is connected to academic programs is not available under E-2 dependent status. When a student’s education begins to include internships, practical training, or campus employment, remaining in E-2 dependent status may no longer align with those academic goals.
There is also a structural distinction between studying as an E-2 dependent and studying under a student-based immigration classification. E-2 dependents are permitted to study, but they are not classified as students for immigration purposes. Their status is not tied to an academic program and is not managed through the student immigration system. As education becomes longer term or more specialized, this distinction often becomes more relevant.
For these reasons, E-2 dependents commonly reach a point where another immigration status is evaluated. In these situations, F-1 student status may be one of the options considered.
How F-1 Student Status Can Address These Limits
F-1 student status allows a student to remain in the United States based on enrollment in an approved academic program. The student’s lawful stay is connected to meeting student requirements, such as full-time enrollment, rather than to the immigration status of a parent or principal investor. For dependents whose education continues beyond the scope of the E-2 business, this difference becomes relevant.
F-1 status does not end at age 21. A student who qualifies for F-1 status may continue studies beyond that age, provided all student requirements are met. For E-2 dependent children approaching the age limit, this is often a key reason F-1 status is reviewed as an option.
F-1 student status permits limited employment that is directly connected to the student’s education, subject to specific rules and approvals. This includes on-campus employment during the academic term and practical training tied to the student’s field of study. Practical training may take the form of Curricular Practical Training (CPT), which is employment that is an integral part of the curriculum, or Optional Practical Training (OPT), which is temporary employment related to the student’s major area of study. These types of employment are available only to students in F-1 status and are not permitted under E-2 dependent status. When an academic program includes internships, clinical placements, or post-graduation work authorization, this distinction becomes relevant.
F-1 students are admitted to the United States based on acceptance into a specific school and academic program that is certified under the Student and Exchange Visitor Program (SEVP). Their status is linked to that program through Form I-20, Certificate of Eligibility for Non-immigrant Student Status, and is governed by requirements such as full-time enrollment and normal academic progress. Changes to the program, school, or level of study are reflected through updates in the student system. For students pursuing multi-year degrees or specialized training, this direct link between immigration status and education provides a defined and predictable framework.
Because of these features, F-1 student status is sometimes evaluated as education plans become more structured. It is not required simply to attend school, and it does not replace E-2 dependent status by default. It is one option that may be considered when age limits, work authorization needs, or long-term academic planning make dependent status less suitable.
Can an E-2 Dependent Hold F-1 Student Status at the Same Time?
No. Under U.S. immigration law, a person in the United States holds one non-immigrant status at a time. That status is determined by the classification shown on the Form I-94, Record of Arrival and Departure, which reflects the person’s current non-immigrant classification and authorized period of stay.
E-2 dependent status and F-1 student status are both non-immigrant classifications defined under section 101(a)(15) of the Immigration and Nationality Act (INA). Each classification has its own purpose and requirements. U.S. immigration law does not permit two non-immigrant classifications to apply at the same time to the same period of stay.
When a person admitted in one non-immigrant classification seeks another classification, the law provides a specific process to do so. INA section 248 and 8 Code of Federal Regulations (CFR) section 248 allow an individual to apply for a change of non-immigrant classification. If approved, the change results in a new status that replaces the prior classification. Until approval, the individual remains in their existing status. The filing of a change of status application does not create a second or concurrent status.
For this reason, an E-2 dependent is either in E-2 dependent status or in F-1 student status. The two cannot apply at the same time. What often causes confusion is that E-2 dependents are permitted to attend school while in E-2 status. However, permission to study does not convert E-2 dependent status into student status and does not create overlap between classifications.
In practice, moving from E-2 dependent status to F-1 student status is a transition, not a concurrent arrangement. The governing status changes only when a new classification is granted through approval of a change of status or through a new admission to the United States.
Sources:
- USCIS. https://www.uscis.gov/policy-manual/volume-2
- State Department-Foreign Affairs Manual. https://fam.state.gov/fam/09FAM/09FAM040201.html
- State Department-Foreign Affairs Manual. https://fam.state.gov/fam/09FAM/09FAM040205.html
- Code of Federal Regulations. https://www.ecfr.gov/current/title-8/chapter-I/subchapter-B/part-248
- USCIS. https://www.uscis.gov/policy-manual/volume-2-part-e-chapter-1
- USCIS. https://www.uscis.gov/policy-manual/volume-2-part-f-chapter-8
- U.S. Customs and Border Protection. https://www.cbp.gov/travel/international-visitors/i-94
- USCIS. https://www.uscis.gov/working-in-the-united-states/students-and-exchange-visitors/students-and-employment/changing-to-a-nonimmigrant-f-or-m-student-status
- USCIS. https://www.uscis.gov/laws-and-policy/legislation/immigration-and-nationality-act