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Can minor children of E-2 visa holders attend public school in the U.S.?

By December 27, 2022E-2 Visa, Immigration
A group of children and a teacher

Yes. Minor children of E-2 visa holders can apply and hold an E-2 visa for dependents and can attend public or private school in the U.S., up until the children reach the age of 21 or become married, at which point they must change their status to F-1 or M-1 if they wish to continue schooling. Spouses of E-2 visa holders can also attend a school at any level without needing to obtain an F-1 visa.

The same benefits are given to dependent visa holders of many non-immigrant visa categories, including L visa holders (intracompany transferees), O visa holders (workers with extraordinary abilities), H visa holders, and TN professionals (Canadian or Mexican nationals who obtain work authorization under USMCA).  Dependent minor children and spouses in these visa categories can attend public or private school during the principal applicant’s stay in the US.

However, one usually cannot individually obtain an F-1 or M-1 visa to study at a public school. F-1 or M-1 visa holders can only attend private schools that are SEVP-certified. You can find a list of eligible schools here.

At the same time, minor children of an F-1 or M-1 visa holder studying at a SEVP-certified school are allowed to enroll in any school at the K-12 level, including public schools. (However, they are not allowed to engage in full-time study at the post-secondary level in this status; the spouse may not engage in such full-time study either).

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