1. The E Visa Application for Spouse and Dependents E-1 and E-2 visas are available to citizens of foreign countries that have a treaty of commerce and navigation, or a bilateral investment treaty providing for nonimmigrant entries with the United States. The E-1 Treaty Trader visa is specifically designed for alien business owners, business managers, and employees who are required to stay in the U.S. for prolonged periods of time to oversee or work for an enterprise that is engaged in trade between the U.S. and a foreign country. The E-2 Treaty Investors visa is available to an alien who is a citizen or national of a treaty country, and who wishes to enter the U.S. solely to develop and direct the operation of an enterprise in which he or she has invested, or is in the process of investing a substantial amount of capital. As an E visa holder, you can bring your spouse and unmarried children under the age of 21 years to stay along with you in U.S. They may stay in the U.S. as long as you maintain your E-1 or E-2 status. Your spouse may seek employment by applying for Employment Authorization (EAD) using Form I-765, Application for Employment Authorization. Your dependents can study in U.S. schools, colleges and universities on E visa, and do not have to apply for separate student visa such as an F-1 visa. You may bring a domestic or personal servant on nonimmigrant status also, provided you can show that: Spouses and dependents of E-1 and E-2 visa workers can also apply for E visas, and will normally be granted the same period of time as the principal E-1 and E-2 visa holder. The spouses and dependents do not need to be the same nationality as the principle applicant. If the family members are already in the United States and are seeking changes of status to or extensions of stay in an E-1 or E-2 dependent status, they may apply by filing Form I-539, Application to Change/Extend Nonimmigrant Status, with fee. 2. The Work Authorisation Application in United States for E-1 or E-2 Spouse The E-1 and E-2 visa holder's spouse and children, unmarried and under the age of 21, can also apply for an E-1 or E-2 dependent visa. If your spouse wants to work in the U.S., he or she has to apply for a Work Authorization. Your spouse or children do not have to have the same nationality as you to apply for an E visa. The E visa spouses are allowed to work in the United States. The E-1 or E-2 holder's spouses may wish to apply for Employment Authorization Document (EAD) as evidence of the right to work, which can take some months. The children under the age of 21 can study in United States, but children unfortunately are not allowed to work in U.S. under the E-2 Treaty Investor visa category. Children after reaching the age of 21 years of age under E-1 or E-2 visa status will need to find some other U.S. visa category to be able to stay in the U.S. USCIS will issue Employment Authorization Document, to be presented to employers for completion of Form I-9, Employment Eligibility Verification. 3. Applying for EAD before Starting Working in U.S. If you are in the U.S. on an E-1 or E-2 visa and your spouse wants to work in the U.S., your spouse will have to apply for and get an Employment Authorization Document (EAD) before starting working. The U.S. regulations expressly state that a spouse of an E-1 visa holder should apply and get a work authorization before a spouse can start working in the U.S. The Board of Immigration Appeals once issued an unpublished decision that spouses of E visa holders spouses can work without having to apply for a work authorization. But USCIS’s position is that the spouses of E visa holders do require a work authorization. Therefore, it is advised that spouses of E visa hiolder should apply for a work authorization, and do not work until they receive a work authorization approval.

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