The spouse and unmarried minor children accompanying or following to join an E-1 or E-2 principal treaty trader or investor may enter the United States in the same classification as their spouse or parent. Importantly, the nationality of the spouse or child is not material to the classification of the spouse or child. Once a child attains the age of twenty-one (21), or gets married, he is no longer eligible to remain in the U.S. in a treaty status.
The spouse of the E nonimmigrant treaty trader or investor may work in the U.S. provided they apply for an Employment Authorization Document (“EAD”) from USCIS. The spouse cannot begin employment until the EAD is actually received. The application for employment authorization should be submitted to the USCIS Service Center that has jurisdiction over the dependent spouse’s place of residence.