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E2 investor Visa Holders and their family with the treaty benefits

E2 nonimmigrant spouses are eligible for employment authorization after the E2 applicant completes and submits an E2 Visa application.

Immediate family members (spouses and unmarried children who are under 21 years of age) may follow or accompany contract investors and employees. Their nationalities can also differ from the E2 Visa Treaty investor or employee. These family members can receive E2 nonimmigrant classification as dependents and if approved, can remain in the US the same duration as the employee.

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If a family member is already in the United States and is searching for a change of status, or an extension, with an E2 Visa dependent classification, they may submit a request to the USCIS. Spouses of E2 Visa workers may apply for an authorization to work in the US. If approved, the spouse can find employment anywhere within the US.

The E2 contract investor or employee may travel abroad and will generally be granted an automatic two-year period of readmission at the entry port to the United States.  If family members are accompanying the E2 contract investor or employee at the time he/she reenters the United States port of entry, the new period will not automatically apply to family members. To legally remain in the United States, family members must apply for an extension to stay before their own authorized stay expires.

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It is also possible to apply for a change in status from an E2 Visa to another classification that will pave the way to becoming a US permanent residence (Green Card). Treaty benefits for an investor who is an owner, executive, or supervisor, allows them to work in the US for a sponsoring company in one- or two-year increments for as long as he/she continues to work for the qualifying business and the treaty between his/her country of citizenship in the US remains in force.

E2 Visa holders do not need to maintain foreign residency if they state their sincere intention to leave the United States when their E2 status expires. Also, the fact that an investor has petitioned for permanent residency is not a sufficient reason alone to deny E2 status or an E2 Visa. Consequently, treaty investor status may be attractive to a person who wishes to live in the US indefinitely without becoming a permanent resident.

Visa to America, the leading advisor for identifying and consulting E-2 Investor Visa eligible businesses, has provided free consultations to hundreds of Canadian families via Zoom. Contact us now at +1(202) 951-0802 or email us at info@visatoamerica.com to schedule a free consultation with our investment experts.

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