E-2 Visa: A Guide to Success for Families

Relocating to the United States under an E-2 Investor Visa is one of the most ambitious projects a French entrepreneur can undertake. Beyond the business strategy, the success of the project relies heavily on family integration. How does work authorization work for spouses? What is the reality of schooling for children?

As a U.S. immigration attorney—and a former E-2 visa expatriate myself—I would like to share the key points to help you plan your family’s relocation.

Spouses: Immediate Work Authorization via E-2S Status

One of the major advantages of the E-2 visa concerns the partner (husband or wife). Since 2022, spouses benefit from E-2S status, which grants them work authorization "incident to status."

In practical terms, this means the spouse no longer needs to apply for a separate Employment Authorization Document (EAD). Upon crossing the border, they are authorized to work for any U.S. employer or even launch their own business. This administrative simplification is a major lever for maintaining a dual family income while settling in the USA.

Education: Access to the American Public School System

Children under the age of 21 (E-2 dependents) have full access to the American educational system:

• Free Public School: Your children can attend American public schools free of charge from Kindergarten through 12th grade. The quality of the school usually depends on your place of residence (the "zoning").

  
  

• International Schools: To maintain a link with the French curriculum, many families opt for schools accredited by the French Ministry of National Education (AEFE), which allow for an easy reintegration into the French system if you choose to return.

Higher Education: Tuition Fees and Scholarships

For young adults, the E-2 visa offers opportunities but also technical limitations that must be anticipated.

• In-State Tuition Rates: In several states (such as Florida or California), E-2 visa children may, after a certain period of residency, qualify for university rates reserved for state residents. This represents a substantial saving compared to "International" rates.

  
  

• Scholarships: E-2 visa holders are not eligible for federal financial aid (FAFSA). However, they are fully eligible for merit-based scholarships (academic or athletic) offered by private or public universities.

  
  

• The Age 21 Limit: It is crucial to note that at age 21, a child loses their E-2 status. They must then undergo a change of status, typically to an F-1 Student Visa, to continue their studies.

  
  

The Final Word

The E-2 visa is more than just a business tool; it is a true family visa. While it offers exceptional flexibility for spouses and quality education for children, rigorous legal planning is necessary—especially regarding higher education. At The Deltin Law Firm, I personally guide you to ensure that your American dream is a success for every member of your household.