Starting a new life in the United States is a choice driven by ambition or the desire to build a better future with family. The E-2 Treaty Investor Visa helps make that possible by allowing foreign investors to live in the country while managing or developing a U.S. business. One of its most appreciated benefits is that it lets the investor bring a spouse and unmarried children under 21 as dependents. Families can stay together, build a home, and settle into a new community while the investor focuses on their business.
The E-2 visa in perspective
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 applicant must invest a substantial amount in a real and active U.S. business and prove they will develop and direct it. The business must generate more than minimal income to support the investor and their family. The E-2 visa is temporary but can be renewed as long as the business continues to meet all requirements. Each treaty country has its own reciprocity schedule, which sets how long an E-2 visa can remain valid and how many entries are permitted.
What changed in May 2023
In May 2023, the U.S. Department of State updated the Foreign Affairs Manual (9 FAM 402.9-9(C)) to clarify how dependents such as spouses and unmarried children under 21 receive their visas. The new rule states that dependents from treaty countries are issued visas according to the reciprocity schedule of their own nationality, or the principal applicant’s visa validity, whichever is shorter. Dependents from non-treaty countries still qualify for derivative status, but their visas follow the principal applicant’s reciprocity schedule for validity, number of entries, and fees.
After the update, the U.S. Department of State clarified that dependents from treaty countries must follow the validity period allowed by their own country’s reciprocity schedule, limited to the principal’s authorized stay. For mixed-nationality families, this can lead to shorter visas for some members, which means more renewals, extra fees, and possible logistical issues if the family travels together.
For families whose members share the same nationality as the principal, this rule makes no practical difference. For families with different citizenships, it can create uneven visa durations and therefore adds a layer of complexity.
How this affects families
In practice, the change means that families must pay closer attention to the nationality of each dependent. If an investor from a country with a five-year treaty has a spouse from a country with a one-year agreement, the spouse will receive a one-year visa. If the spouse or child is from a non-treaty country, their visa will usually match the investor’s period. Since treaty terms vary, it is important for families to review their countries’ reciprocity schedules before applying. The rule aligns visa issuance with existing agreements between the United States and each treaty country while creating a more detailed approach to how family members are processed.
Official Source:
U.S. Department of State, Foreign Affairs Manual https://fam.state.gov/FAM/09FAM/09FAM040209.html