Can an E-2 dependent child work or intern in the U.S., and if so, what authorization is required?

Can an E-2 dependent child work or intern in the U.S.?

In the United States, federal labor law allows minors to work in many everyday jobs, subject to age-based rules. Under the Fair Labor Standards Act (FLSA), children under age 14 may work only in limited circumstances. Minors aged 14 and 15 may work outside school hours in non-hazardous jobs such as retail, grocery stores, and restaurants, with limits on hours and times of day. Minors aged 16 and 17 may work unlimited hours in non-hazardous occupations.

These rules explain when work is allowed based on age, but they do not answer whether a child who is not a U.S. citizen is allowed to work.

For children living in the United States in E-2 dependent status, that question is answered by immigration rules. E-2 dependent status applies to the unmarried children of E-2 treaty investors who are admitted to the United States as dependents.

The United States Citizenship and Immigration Services (USCIS) defines what activities are included in each immigration classification. Under E-2 dependent status, the classification covers residence in the United States and attendance at school. Employment authorization is not part of that classification for dependent children.

While certain dependents, such as E-2 spouses, are granted employment authorization as part of their status, that authorization does not apply to E-2 dependent children.

E-2 dependent status does not include permission to work. When work is not allowed under a child’s immigration status, the only way employment can occur is through a different status that allows it. Whether that is possible depends on meeting the requirements of that other status.

F-1 Student Status as an Option

One visa category that includes limited permission to work is F-1 student status. Work is allowed only in specific situations defined by immigration rules, but it is permitted within that category.

F-1 student status applies to individuals enrolled full time at schools approved by the Student and Exchange Visitor Program (SEVP). SEVP approval allows a school to issue Form I-20, Certificate of Eligibility for Non-immigrant Student Status, which is required for F-1 classification.

A child already living in the United States in E-2 dependent status may pursue F-1 status after being accepted by a SEVP-certified school. The school issues Form I-20, and the child may apply to U.S. Citizenship and Immigration Services (USCIS) for a change to F-1 status while remaining in the United States. Until USCIS approves the request, the child continues to hold E-2 dependent status.

Once granted, F-1 status allows study as the primary activity. Employment is permitted only under defined conditions. During the first academic year, F-1 students may work only in on-campus employment, subject to limits and school authorization. Off-campus employment is not permitted during this initial period.

After completing the first academic year, F-1 students may be eligible for certain types of off-campus employment that are related to their field of study. These include Curricular Practical Training (CPT) and Optional Practical Training (OPT), which may occur before or after completion of studies. Some students in science, technology, engineering, and mathematics fields may also qualify for a STEM Optional Practical Training extension.

All off-campus employment under F-1 status must be authorized before work begins. Authorization involves the school’s designated official and, in some cases, approval from USCIS. Employment outside these defined categories is not permitted under F-1 status.

Sources:

1. U.S. Department of Labor
   https://www.dol.gov/general/topic/youthlabor/agerequirements
2. 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
3. USCIS.
   https://www.uscis.gov/policy-manual/volume-10-part-b
4. 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
5. USCIS.
   https://www.uscis.gov/working-in-the-united-states/students-and-exchange-visitors/students-and-employment
6. Department of Homeland Security. https://studyinthestates.dhs.gov/sevis-help-hub/student-records/fm-student-employment/student-employment-overview