E-1, E-2 and E-3 Dependent Visas for Spouses and Children

E-1, E-2 and E-3 visas for spouses and children

Spouses and unmarried children under 21 of eligible E-1 treaty traders, E-2 treaty investors, and E-3 Australian specialty occupation professionals can generally apply for derivative E classification. The principal must independently qualify and maintain the relevant E status. Family eligibility depends on the relationship, immigration history, and the principal's particular classification; an E derivative application does not replace the principal's eligibility requirements.

An E dependent does not necessarily need to have the same nationality as the principal. A spouse or child with a different citizenship should nevertheless be assessed for the correct visa and consular requirements. A marriage certificate, children's birth certificates, valid travel documents and evidence of the principal's E status are common starting points.

Employment authorization: E-1S, E-2S and E-3S

Qualifying E-1, E-2 and E-3 spouses are generally authorized to work incident to their valid dependent spouse status. A valid Form I-94 bearing E-1S, E-2S or E-3S can serve as evidence of employment authorization for Form I-9 List C purposes, together with acceptable identity documentation. Spouses should review the actual I-94 classification and validity rather than relying solely on a visa foil or the principal's approval.

An E dependent spouse may seek an employment authorization document under the applicable rules, but an EAD is not always necessary for employment authorization when the spouse is already work authorized incident to status. E dependent children do not receive that same spouse-based employment authorization. A child who wishes to work needs an independent lawful basis.

E dependent visa applications, travel and extensions

Family members applying abroad generally use the appropriate nonimmigrant visa process and evidence of their relationship to the principal. Eligible dependents already in the US may be able to request an extension or change of status through Form I-539. A USCIS change of status approval does not itself give the traveler a new visa for international reentry. The principal's status, the dependent's Form I-94, visa requirements and travel timing should be reviewed together.

Children may generally attend school while maintaining qualifying E dependent status. A child approaching age 21, or one who marries, should assess alternatives before derivative eligibility ends. Family members also should monitor principal business or employment changes that could affect continued E eligibility.

Which E category is involved?

• E-1: Derivative status follows a qualifying treaty trader or E-1 employee. The underlying qualifying trading activity remains the principal's issue.
• E-2: Derivative status follows a qualifying treaty investor or E-2 employee; the spouse and child do not have to make their own investment solely to qualify as dependents.
• E-3: Derivative status follows a qualifying Australian specialty occupation worker. An otherwise eligible dependent spouse or child does not have to be an Australian citizen.

E dependent visa questions