E2 visa dependent

wanc101

New Member
<First time user>

Hello!

We moved in California fro the Philippines using my mom's E2 visa, and I'm currently with my two siblings as an E2 visa dependents. I am 20 years old and will be turning 21 next year.
Unfortunately, reaching that age will make me ineligible as a dependent.

I have two questions. First, can my mom petition me as a worker in her company? Second, to extend my stay, I'm considering to apply for a F-1 visa. Is it possible?

I hope you can help.. Thanks!

Wanc101
 
If the company is willing to hire you and you have the necessary skills, then you should be able to obtain an E-2 visa that way. The company, not your mother, would petition you as a worker (either manager or skilled). The application can be sent directly to your home country for processing or you can apply for change of status through USCIS. However if you go with the latter option you would need to re-file in your home country if you wanted to travel abroad.

You can obtain F-1 status if you find a school that will sponsor you. Basically you need to call the school you are interested in and see if they are eligible to do so. If so, then you will receive the Form I-20 from the school and apply for change of status through USCIS.

Hope that helps!
 
thevisaexpert said:
If the company is willing to hire you and you have the necessary skills, then you should be able to obtain an E-2 visa that way. The company, not your mother, would petition you as a worker (either manager or skilled). The application can be sent directly to your home country for processing or you can apply for change of status through USCIS. However if you go with the latter option you would need to re-file in your home country if you wanted to travel abroad.

You can obtain F-1 status if you find a school that will sponsor you. Basically you need to call the school you are interested in and see if they are eligible to do so. If so, then you will receive the Form I-20 from the school and apply for change of status through USCIS.

Hope that helps!


Please explain further as to how the 21year old would get an E visa? as far as I am aware to obtain an E visa the applicant must have invested money themselves, not parents

Unless you mean't to say the company could file I 140 for 21 year old and
I 485
 
An E-2 visa holder does not have to be the investor. However, they must have the nationality of the treaty country. The applicant can be a manager/executive or a person with specialized knowledge. The real issue here is how credible is it that a 21 year old person has sufficient managerial experience or specialized knowledge.
 
That is true. The E-2 visa holder does not need to be in the investor. From what I understood the company has already been established as an E-2 company, thereby suggesting the investment has already been made.

Proving that you have the credentials to either be a manager or a skilled worker will be the obstacle to overcome. That being said it is definitely possible and has been done many times before.
 
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