No. E-2 dependants’ nationalities need not match the principal investor’s. A spouse and unmarried children under 21 may seek dependent status, subject to their own documentation and application requirements.
Distinguish dependants from company personnel
A spouse in valid E-2 or E-2S status is generally work authorized incident to status, while dependent children are not. That family rule differs from the nationality requirements that apply to E-2 employees of the enterprise. Review mixed-nationality family travel individually, and do not assume the dependent exception permits unrelated business staff of any nationality to obtain E classification.
The first review should confirm that the family questions are answered on the family facts rather than folded into the ownership analysis. Hypothetical example: a spouse holds a different nationality from the investor and the household assumes this is a problem. It is not, because dependant nationalities need not match the principal investor treaty nationality; the spouse and unmarried children under 21 may seek dependent status subject to their own documentation and application requirements.
Ask for that confirmation in writing so it stops recurring. A spouse in valid E-2 or E-2S status is generally work authorized incident to status, while dependent children are not. Where a family member also holds shares in the enterprise, keep that holding in the ownership analysis and out of the dependent file, since the two are assessed separately.