A spouse and unmarried children under 21 may seek E-2 dependent status. Their nationality need not match the investor’s. A spouse in valid E-2 or E-2S status is generally work authorized incident to status; dependent children are not.
Plan separate admission records
Marriage and birth records establish relationships, while passports and individual immigration documents establish each person’s position. For spouse employment verification, USCIS identifies an unexpired I-94 showing E-2S as acceptable evidence of authorization with the required identity evidence. Track everyone’s admitted stay separately, especially when family members travel on different dates.
Dependent status is narrower than families expect, and the gaps are specific. Hypothetical example: The spouse of an investor running a corporate translation services company assumes that being married to the owner allows them to work anywhere, while an adult child assumes the household’s status extends to them. Both readings overreach: a spouse in valid status is generally work authorized incident to that status, but children are not, and a child who marries or reaches 21 falls outside the dependent definition regardless of where the family lives.
Dependent status also carries no independent life — it follows the principal’s valid status and the enterprise behind it. Map each person against the definition individually, note who ages out and when, and plan for study, insurance and work on that basis rather than on the household’s.