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E-1 Visa Frequently Asked Questions (E-1 Visa FAQ):
Can I bring my wife and children with me while under E-1 Status?
You can bring your spouse and dependent children under 21. The spouse of an E-1 visa holder may obtain employment authorization through the Department of Homeland Security. The dependent children, however, may NOT obtain employment authorization while in the United States.
How long can I stay in the United States under an E-1 Visa?
You may stay in the United States indefinitely under 5 year E-1 visa extensions as long as you meet the E-1 visa qualifications at the time of renewal. You may also make E-1 status extensions for 2 year periods.
How do I apply for an E-1 Visa Extension?
In order to apply for an E-1 Visa extension you must:
- Complete form I-129, Petition for Nonimmigrant worker
- You must also complete and submit the E supplement along with Form I-539, Application to Extend or Change Status
- Include a letter from your employer stating the reason for the extension
- Include a copy of Form I-94 (Arrival-Departure Record) document
- Provide a copy of Form I-797 (Notice of Action)
- Provide a complete copy of your passport
- Provide a copy of your personal and business tax returns for the previous two years while in the United States. You must include payroll taxes
Can I change my status while on E-1 status?
Yes, you can change your status while in the United States by filing Form I-129 (Petition for Nonimmigrant Worker).
Can I study at a college or university while on an E-1 visa?
You can study while on an E-1 visa, however, you may not enroll in a full length program at a college or university. You may take a few classes, however, enrolling in a full length program is not allowed, since it conflicts with the purpose of the E-1 visa.
What are the travel restrictions for an E-1 visa?
There are no travel restrictions while on an E-1 visa. You are free to travel as often as you wish while your E-1 visa is valid. There are no restrictions on the amount of time you may spend abroad while on an E-1 visa.
Can I bring my personal or domestic servant with me while on an E-1 visa?
Yes, you may bring your personal or domestic servant with you to the United States while under E-1 status; as long as you can show that he or she has been your personal or domestic servant for the past year. Your personal or domestic servant must also show that they are not abandoning their permanent residence in their country of permanent residence.
Can my husband or wife and children work while I am on an E-1 visa?
Your husband or wife may work while you are under an E-1 visa, however, your children may not work while in the United States. In order for your husband or wife to obtain employment, they must file Form I-765 (Application for Employment Authorization).
Can my children study while I am on E-1 status?
Yes, your children may study at schools, colleges, or universities while you are under E-1 Status. You do not need to apply for student visas (F-1 visa).