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An E-1 and E-2 visa may be issued only to a principal alien who is a national of a country having a treaty, or its equivalent, with the United States. E-1 and E-2 visas may not be issued to a principal alien if he/she is a stateless resident. If the spouse and children of an E-1 or E-2 principal alien are stateless, or if they are nationals of a country which does not have a treaty with the United States, they may be accorded derivative E-1 or E-2 status. In these cases, the reciprocity schedule of the principal alien’s nationality is used.
Example: John Doe is a national of the country of Z that has an E-1/E-2 treaty with the U.S. His wife and child are nationals of the country of Y which has no treaty with the U.S. The wife and child would, therefore, be entitled to derivative status and receive the same reciprocity as Mr. Doe, the principal visa holder.
