When applying for the E2 visa as an entrepreneur, it’s essential to consider how the visa will affect your family, particularly your children. The E2 visa for children under the age of 21 offers specific benefits, but there are also important requirements and limitations to be aware of. In this post, we’ll dive into the details you need to know to ensure a smooth application process and a successful transition to life in the United States.

Understanding the E2 Visa for Children: Key Requirements

The process of obtaining an E2 visa for your children is relatively straightforward. The primary requirements  are:

  • Proof of Age: Your child must be under the age of 21 at the time of the visa application.
  • Proof of Relationship: You must provide evidence that the child is indeed yours, typically through a birth certificate.
    One important detail to note is that different countries may issue various versions of birth certificates. To avoid any issues, it’s crucial to use the correct version as specified by the U.S. government. You can verify the appropriate version through the visa reciprocity table.
  • Passport Validity: Additionally, depending on the child’s nationality, their passport must have at least 24 to 30 months of validity remaining.

The Application Process for the E2 Visa for Children

The application process for obtaining involves several key steps:

  • DS-160 Application: Just like adult applicants, children must complete the DS-160 form and pay the corresponding visa fee.
  • Visa Interview: Children aged 14 and older are required to attend a visa interview. However, these interviews are usually straightforward, and children are typically not asked many questions.
  • Reciprocity Fee: If a reciprocity fee applies to your country, it must be paid for each family member, including children.
  • Visa Validity: If your child shares your nationality, their E2 visa will have the same validity period as yours. If your child has a different nationality, their visa validity will depend on the rules applicable to that country. In cases where the child’s nationality does not have an E2 treaty with the U.S., the visa validity period will match that of the primary applicant parent.

Benefits and Drawbacks

The E2 visa offers several advantages for children, but it’s important to be aware of its limitations as well:

  • Benefits: Children can stay in the U.S. as E2 dependents until they turn 21. During this time, they are allowed to attend school, providing them with access to U.S. education.
  • Drawbacks: Once your child turns 21, they “age out” of E2 dependent status and will need to explore other visa options to remain in the U.S. Additionally, E2 dependent children are not permitted to work.

Conclusion

Understanding the ins and outs of the E2 visa for children is vital for entrepreneurs looking to bring their families to the U.S. By knowing the requirements, navigating the application process, and weighing the benefits and drawbacks, you can ensure that you and your children are well-prepared for the move.

Disclaimer: This post is for informational purposes only and does not constitute legal advice. Immigration laws and regulations can change, and individual circumstances may vary. For personalized legal advice, please consult a qualified immigration attorney.

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Benjamin Frear, Esq.

Immigration Lawyer For Entrepreneurs and High Growth Companies

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