If your E-2 visa child is turning 21, you may be facing an urgent question: what happens next? E-2 dependent visas are only valid for children under the age of 21. Once they reach that milestone, they can no longer legally remain in the U.S. under their E-2 status. Fortunately, there are several strategies that can help your child transition to a new legal immigration status and continue living, studying, or working in the United States.
Why E-2 Visa Status Ends at Age 21
The E-2 visa allows nationals from treaty countries to enter and work in the U.S. based on a substantial investment in a business. Spouses and children under 21 can be granted dependent E-2 status. However, once a child turns 21, they “age out” and are no longer considered a qualifying dependent under U.S. immigration law. This creates a need for timely planning and alternative immigration solutions.
Immigration Options After an E-2 Visa Ages Out
Option 1: Apply for an F-1 Student Visa
One of the most common solutions is for the child to transition to F-1 student status. This allows them to remain in the U.S. to pursue higher education and maintain lawful presence. The F-1 visa permits full-time study at accredited U.S. institutions, though they must show financial resources and an intent to return home after completion. Work is generally limited to on-campus jobs or specific programs. This option is ideal for children already attending or planning to attend college or university.
Option 2: E-2 Employee Visa for the Family Business
If the child is actively involved in the family business, they may be eligible for an E-2 employee visa. This allows them to work legally in the U.S. under the same treaty provisions, as long as they meet certain criteria. They must be the same nationality as the principal E-2 investor, and the business must demonstrate a need for their role. The position must be supervisory, executive, or require specialized skills.
Option 3: Start Their Own E-2 Visa Business
Another possibility is for the child to become an E-2 investor themselves by starting their own business. This often involves a financial gift or loan from the parents to meet the E-2 investment threshold. The investment must be substantial and in an active, for-profit business that the applicant will direct. This path provides long-term flexibility and the opportunity to build an independent immigration status.
Plan Early to Avoid Status Gaps
It is crucial to act early if your E-2 visa child is turning 21. Failure to secure a new immigration status in time could lead to a loss of lawful status and long-term complications. Consulting an immigration attorney well in advance of the 21st birthday is the best way to explore all options and gather the required documentation.
Secure Your Child’s Future in the U.S.
Navigating the “age-out” process can be complex, but your family has viable paths forward. Whether through education, employment, or entrepreneurship, your child can remain in the U.S. legally with proper planning. If you need guidance on the best strategy for your child’s situation, schedule a consultation with us to speak with our experienced immigration attorneys.
