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Our Immigration Law Blog

By The Grotas Firm, PC

E-2 “Investor” Visa Information

The E-2 classification is authorized for a foreign national who is coming to the United States solely to direct and develop the operations of an enterprise in which the individual has invested or is actively involved in the process of investing a substantial amount of capital. The investment involved must place lawfully acquired, owned, and controlled capital at commercial risk with a profit objective, and it must be subject to loss if the investment fails. If the foreign national is already inside the United States, the individual must submit Form I-129, “Petition for Non-immigrant Worker,” to USCIS to request a change of status or an extension of stay. If the foreign national is outside of the United States, the individual must apply for an E-2 visa at a U.S. consular office abroad.

The dependents can extend their stay to remain with the principal E2 status. They must use the Form I-539 to apply. The husband or wife of an E2 may be authorized to work in the U.S. They must use the Form I-765 to apply. In addition, for question 16 of the form, they must apply under category (a)(17.) The other dependents may not work in the U.S.

As long as the dependents are in E2 status, they can attend school without changing to another nonimmigrant status

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