Spouse and Children of an E-2 Visa Applicant

Spouses and unmarried children under the age of 21, regardless of nationality, can apply for and receive E-2 visas to accompany or follow to join the principal alien in the United States.  Derivatives receive the same visa classification as the principal alien.  Spouses interested in employment while in the U.S. must seek work authorization from the Department of Homeland Security (DHS) prior to commencing any employment, even in the E-2 business.  Please see the Frequently Asked Questions for more information.

If you are including a spouse or children on your application as the principal alien, you should include documents establishing your relationship, such as a marriage certificate or birth certificates.

If you are applying only as the spouse or child of someone who already has an E-2 visa and whose E-2 visa remains valid, you do not need to submit supporting documents (binder). Rather, please submit the following:

  • Valid passport;
  • The DS-160 application form confirmation page;
  • Form DS-156E;
  • Color copies of the bio data page of the principal alien’s passport and the visa;
  • A signed statement, in English, of intent to depart the United States upon termination of status, for each of the dependents;
  • Documents demonstrating a valid relationship between the spouse or child and the principal applicant, such as a marriage certificate or birth certificate;
  • A passport-size photo of each applicant (see: photo requirements);
  • If applicable, a letter of agreement between the investor and any legal representative (Form G-28 if the representative is an attorney) signed by both parties and including a contact email address and phone number.

if the principal applicant’s visa has expired, derivatives must submit a copy of any change or extension of status granted by USCIS (Form I-797 or I-94) along with the above requested documents.