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POWASSAN · FAMILY

One household, three different things that have to be proved

USAvisa field guide · 2 minute readReviewed 7 September 2026

Read the general life across the border overview

THE SHORT ANSWER

Hypothetical example: the Dubois-Haddad household is moving on an E-2 granted to the principal investor. His wife does not want an American job; she wants to start a business of her own. Their fifteen-year-old will enrol in school. Each of those three plans is proved by different evidence, and the assumption that the principal's approval settles everything is what leaves families stranded.

01

The principal: ownership, control and capital, evidenced

Everything else in the household depends on the E-2 holding, so his file carries the weight. Treaty nationality of the investor and of the enterprise's ownership, funds irrevocably committed and at risk, an amount substantial in proportion to the cost of the business, a real operating enterprise that is not marginal, and his development and direction of it, ordinarily through majority ownership or operational control. The evidence is documentary: the ownership register, the purchase or formation records, the trail of capital from origin to the business, the payroll and financial statements. If his status ends, the dependent statuses end with it, and any activity they support stops.

02

The spouse: employment authorization incident to status, and what that reaches

A spouse admitted in E-2 dependent status is employment-authorized incident to that status, with the annotation on Form I-94 serving as evidence, and no separate permit is required. That authorization is broad enough to cover working for an employer, working for herself or starting a business, which is what she intends. What it does not do is answer the business questions: forming an entity, obtaining state and municipal licences, tax registration and any professional licensing her field requires are separate matters with their own evidence. Nor does it survive independently. Her authorization exists because of his status, so a plan built on her venture should account for what happens if his enterprise fails.

03

The fifteen-year-old: school now, and a separate status before twenty-one

An unmarried child under 21 may accompany the principal in dependent status and may attend school; the child may not work. Enrolment is a school-district matter proved with the ordinary residency and immunization records rather than anything immigration-related, and a dependent child in E-2 status attending public school does not need a student visa. The date that matters is the twenty-first birthday, which arrives before this family's likely stay ends. At that point dependent eligibility ceases and the young person needs a status of their own, whether as a student in the F category through a SEVP-certified school or otherwise. Plan that route in the year before, not in the month after.

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