Can My Family Can Join Me on an Investment Visa?

Investing in a new venture or business in the U.S. often raises the important question of whether your family can join you. The answer depends on the type of investment visa you hold and the specific requirements for dependents. Understanding these rules is crucial for planning your move and ensuring your loved ones can accompany you.

If you're considering an investment visa and want to ensure your family can be with you, it's essential to get accurate information and legal guidance. Contact an investment visa attorney at 313-631-8080 today to explore your options and receive the support you need to make sure your family can join you in the U.S. smoothly and legally.

Types of investment visas that let you bring family members

Several U.S. investment visas allow you to bring your spouse and children with you while you live and work in the U.S. These visas include:

E-1 Visa

The E-1 Treaty Trader Visa allows individuals from treaty countries to enter the U.S. to engage in substantial trade between the U.S. and their country of origin. This trade can involve goods, services, or technology. This non-immigrant visa is typically issued for two years and can be renewed indefinitely, as long as the trade activity continues.

E-1 visa holders are allowed to bring their spouses and unmarried children underr the age of 21 to the U.S. as dependents. Spouses of E-1 visa holders can apply for work authorization, allowing them to work legally in the U.S. However, children on an E-1 visa cannot work, but they can attend school.

E-2 Visa

The E-2 Treaty Investor Visa allows individuals from treaty countries to enter the U.S. to manage and develop a business in which they have made a substantial investment. There is no minimum investment amount specified, but it must be significant enough to ensure the success of the enterprise. E-2 visas are temporary but can be renewed indefinitely as long as the business remains operational and profitable.

The E-2 investor visa is for residents of treaty countries who make a substantial investment in a U.S. business. E-2 investors can bring their spouse and unmarried children under 21. Spouses of holders of this nonimmigrant visa can apply for work authorization, and children can attend school.

Family members of E-2 visa holders must apply for their own derivative visa status. Spouses are eligible to apply for work authorization once in the U.S., and children can attend school but are not eligible for employment.

EB-5 Visa

The EB-5 Immigrant Investor Visa provides a path to permanent residency for foreign investors who invest a minimum of $800,000 to $1,050,000 in a U.S. business that creates at least 10 full-time jobs for U.S. workers. Investors and their eligible family members receive conditional green cards, which can become permanent after two years if the job creation and criteria for investment are met.

The EB-5 investment visa is a permanent residence immigrant visa for investors who invest at least $800,000 to $1,050,000 in a U.S. business that creates at least 10 jobs. EB-5 visa holders can bring their spouse and unmarried children under 21, who also receive green cards if the investment requirements are met.

Spouses and unmarried children under 21 are eligible for conditional green cards along with the principal EB-5 investor.

The investor must include the family members in the initial petition (Form I-526) or adjust their immigration status with Form I-485. Family members get the same conditional residency as the principal investor. They must meet the same conditions to have the status removed.

L-1 Visas

The L-1 Intracompany Transfer Visa is for employees of multinational companies who are being transferred to the U.S. to work in a managerial, executive, or specialized knowledge position. The L-1A is for managers and executives, while the L-1B is for those with specialized knowledge. The visa allows for temporary stay but can be a pathway to a green card.

Spouses and unmarried children under 21 are eligible for L-2 visas as dependents of the L-1 visa holder. Family members must apply for L-2 visas. Spouses can apply for work authorization, but children are not allowed to work. Family members can either apply for their visas at the same time as the primary visa holder or after the L-1 visa has been approved.

Family Members Eligible to Join on an Investment Visa

Investment visas like the E-2 or EB-5 program allow certain family members to accompany the primary visa holder to the U.S. These eligible family members typically include:

• Spouses: The spouse of the primary visa holder can join them in the U.S. and, in many cases, apply for work authorization to legally work while in the country.
• Unmarried Children Under 21: Children under 21 who are unmarried can also join the primary visa holder in the U.S. They are eligible to attend school and live with their family during their stay.

These family members can live in the U.S. for the duration of the visa holder's authorized stay, which may be extended depending on the specific visa type and circumstances.

Extended family members, such as siblings, parents, or adult children, are generally not eligible to join you in the U.S. under an investment visa like the E-2 or EB-5. These visas only allow for immediate family members, such as your spouse and unmarried children under 21, to accompany you.

While extended family members cannot join you directly under your investment visa, there are a few potential options:

1. Visitor Visas: Extended family members may apply for a B-2 tourist visa to visit the U.S. for a limited time. However, this visa is temporary and does not grant work authorization or long-term residency.
2. Employment-Based Visas: If your extended family members qualify for their own employment-based visas, such as the H-1B, L-1, or other work visas, they may be able to come to the U.S. independently.
3. Family Sponsorship: U.S. citizens and green card holders can sponsor certain extended family members, like parents and adult children, for permanent residency. However, this process can take several years and requires meeting specific eligibility requirements.

In summary, extended family can't join you on an investment visa. They may apply for a visitor visa or another visa type to come to the U.S.

How to Bring Family Members to the U.S. on an Investment Visa

Bringing family members to the U.S. on an investment visa involves several steps, which vary depending on the type of visa. Here's an overview of the process for E-1, E-2, EB-5, and L-1 visas:

E-1 and E-2 Visas

For both E-1 and E-2 visas, you can bring your spouse and unmarried children under 21. To do so, you need to start by preparing the necessary documents to prove your relationships, such as marriage and birth certificates. Each family member must complete Form DS-160, the Online Nonimmigrant Visa Application, and then attend an interview at the U.S. Embassy or Consulate. During the interview, they will present their documents and any additional required evidence. Once approved, they will receive E-1 or E-2 dependent visas.

Spouses of E-1 or E-2 visa holders are also eligible to apply for an Employment Authorization Document (EAD) if they wish to work in the U.S. This process involves submitting Form I-765 and providing supporting documentation, such as a copy of the spouse's E-1 or E-2 visa and proof of employment eligibility.

EB-5 Visa

With an EB-5 investor visa, your spouse and unmarried children under 21 can be included as derivative beneficiaries in your application. When you file your EB-5 petition, include details about your family members. Gather all necessary documents, including marriage and birth certificates, as well as proof of your investment. Submit Form I-526, the Immigrant Petition by Alien Investor, along with your family's information. If your petition is approved, your family members will apply for immigrant visas at a U.S. Embassy or Consulate, or adjust their status if they are already in the U.S.

Once in the U.S., your family members will receive conditional green cards valid for two years. Before this period ends, you must file Form I-829 to remove conditions on your green card. Your family must do the same to keep their status valid.

L-1 Visa

For L-1 visa holders, your spouse and unmarried children under age 21 can join you on L-2 visas. Begin by preparing documents that prove your relationships. Each family member must complete Form DS-160 and attend a visa interview at a U.S. Embassy or Consulate. During the interview, they will provide their documents and any additional information required. Once their L-2 visas are approved, they can enter the U.S. with you.

L-2 visa holders can also apply for an Employment Authorization Document (EAD) if they wish to work. Submit Form I-765 with the EAD application and supporting documents. Include a copy of the L-2 visa and proof of work eligibility.

General Process for All Investment Visas

The process is the same for all visa types. It involves gathering documents to prove family ties and financial eligibility. You must complete the forms for your family members. You must attend visa interviews and submit all required evidence. Once approved, your family will get their visas to join you in the U.S.

Following these steps will ensure they meet all requirements to enter and stay in the country.

Rights and Benefits for Family Members Staying With You on an Investment Visa

When your family members join you in the U.S. on an investment visa, such as the E-2 or EB-5, they enjoy several rights and benefits as dependents:

1. Living in the U.S.: Your spouse and unmarried children under the age of 21 can live with you in the U.S. for the duration of your investment visa status. They will hold derivative visas tied to your primary investment visa.
2. Education for Children: Your dependent children can enroll in public or private schools, giving them access to the U.S. education system, including primary, secondary, and even college-level education.
3. Work Authorization for Spouse: A significant benefit of an investment visa is that your spouse can apply for and obtain work authorization. This allows them to seek employment and work legally in the U.S. by submitting Form I-765 (Application for Employment Authorization).
4. Travel Rights: Both your spouse and minor children can travel in and out of the U.S. as long as your investment visa remains valid. They will need to maintain their visa status, just like the primary visa holder.
5. Residency Duration: Your family members can stay in the U.S. for as long as your investment visa remains active. If you renew or extend your visa, their dependent status can be extended as well.

These rights and benefits are substantial. But, extended family members, such as siblings or parents, are not covered by your investment visa. They need to seek their own visa to stay in the U.S.

Challenges Bringing Family Members on Investment Visas

Bringing family members to the U.S. on an investment visa, such as the E-2 or EB-5, offers significant benefits, but it also presents several challenges:

1. Limited Eligibility: Only immediate family members, such as your spouse and unmarried children under 21, can accompany you on an investment visa. Extended family members, like parents or siblings, are not eligible. This can complicate family arrangements if you wish to bring relatives outside of this category.
2. Dependent Visa Limitations: While your spouse and children can live in the U.S., their visas are dependent on your investment visa status. If your visa expires or is revoked, their status could be jeopardized, potentially leading to the need to leave the U.S.
3. Work Authorization Delays for Spouses: Although spouses of E-2 and EB-5 visa holders can apply for work authorization, the processing time for approval can be lengthy. During this waiting period, your spouse won’t be able to legally work in the U.S., which could impact your family’s financial situation.
4. Children’s Age Limits: Once your children turn 21, they no longer qualify as dependents under your investment visa. This requires them to either obtain their own visa, such as a student visa (F-1), or leave the U.S., which can disrupt their education or career plans.
5. Travel Restrictions: If your investment visa is under review or renewal, your dependents may face travel restrictions or complications re-entering the U.S. after international trips, as their visas are tied to your status.

These challenges highlight the importance of planning ahead and ensuring your visa status is maintained to avoid disruptions for your family members.

What happens if my child turns 21 while we are in the U.S. on an investment visa?

If your child turns 21 while in the U.S. on an investment visa, they will no longer qualify as a dependent under your visa. This can have significant implications for their ability to remain in the U.S. legally. Here’s what typically happens:

1. Loss of Dependent Status: Once your child reaches 21, they are no longer eligible to remain in the U.S. as a dependent on your investment visa, such as an E-2 or EB-5 visa. They must transition to another visa category or leave the U.S.
2. Transition to a New Visa: Your child may apply for a different visa to remain in the U.S., such as a student visa (F-1) if they plan to pursue higher education, or a work visa (such as an H-1B) if they find qualifying employment. However, these applications must be made before they turn 21 to avoid any gap in legal status.
3. Grace Period: There is often a short grace period after your child turns 21, during which they can remain in the U.S. while seeking a new visa or making arrangements to leave. It’s crucial to act quickly during this time to avoid legal complications.
4. Adjustment of Status: If your family is pursuing permanent residency (such as through an EB-5 visa), your child may be able to adjust their status to become a permanent resident, provided the process is completed before they turn 21. If not, they may need to apply independently for a green card.

Planning ahead is essential to ensure that your child can remain in the U.S. legally after aging out of their dependent status.

How does divorce affect the status of family members on an investment visa?

Divorce can have a significant impact on the status of family members who are in the U.S. on an investment visa, particularly for the dependent spouse and children. Here’s how it typically affects their status:

1. Spouse’s Status: If you and your spouse divorce while on an investment visa (such as an E-2 or EB-5 visa), your spouse’s dependent visa status generally terminates. Since their visa is tied to your investment visa, they lose their eligibility to stay in the U.S. as your dependent upon divorce. They would need to either leave the U.S. or seek their own visa status, such as through employment, study, or another eligible category.
2. Children’s Status: Divorce does not directly affect your children's dependent visa status as long as they remain under the age of 21 and unmarried. They can continue to stay in the U.S. as dependents on your investment visa. However, once they turn 21, they would need to apply for their own visa or adjust their status, similar to other dependent children.
3. New Visa Options for the Divorced Spouse: After a divorce, your spouse may explore alternative visa options if they wish to remain in the U.S. This could include applying for a work visa, or enrolling in a program for a student visa. If your spouse qualifies for another type of visa they can pursue that route.
4. Impact on the Investment Visa Holder: Divorce itself does not typically affect the primary investment visa holder’s status. However, if your visa category or future green card application relied heavily on family-based qualifications, this could complicate matters. For instance, if your spouse was a key part of the business plan or investment that supported your visa, the divorce could trigger a review of your eligibility.

Divorce introduces complexities to visa status, so it’s essential to consider your options and seek legal advice from a family immigration lawyer to protect your immigration standing in the U.S.

Need to Include Your Family in Your Investment Visa Plans?

Ensuring your family can join you on an investment visa involves understanding the requirements related to dependent visas. With the right info and support, you can meet these requirements. You can then bring your loved ones as you pursue your investment goals.

Ready to explore your options? Contact an experienced immigration attorney today. Get guidance on bringing your family on an investment visa. This will ensure a smooth transition for everyone.