Frequently Asked Questions Concerning the E Visa

I changed my visa status and subsequently departed the United States. How can I re-enter the United States?

If someone changed status to E status in the United States, he or she does not need a E visa to maintain legal status while in the United States.  However, a visa is required if the beneficiary subsequently leaves the United States and wishes to re-enter as an E nonimmigrant.  The applicant must apply for a visa at the U.S. Embassy in Bogotá. The Form I-797 (Notice of Action), which informed the applicant that the change of status to E status was approved, is not a travel document and cannot take the place of a visa.

Can my spouse or child travel with me?

Spouses and/or children under the age of 21 can receive derivative E visas to accompany or follow-to-join the principal visa holder in the United States.  The application procedure is the same.  Derivatives are generally subject to the same visa validity, period of admission, and limitation of stay as the principal applicant.  The spouse and any child age 14 years of age and older must be present at the interview.  Note that U.S. law does not recognize Colombian common-law marriages (unión libre), and such spouses therefore do not qualify for derivative visas.

How can I apply for a derivative E visa?

Derivatives must apply for a visa, following the same instructions as the principal applicant.  When a derivative applies for an E visa to follow-to-join a principal E nonimmigrant already in the United States, the consular officer also must be satisfied that the principal applicant is maintaining E status before issuing the visa.  Therefore, in addition to the normal E documents, such applicants must present:

• The principal applicant’s original Form I-797 (Notice of Action).
• A photocopy of the principal applicant’s issued E visa and U.S. entry stamp or, if the applicant changed status to E status, a photocopy of Form I-797 (Notice of Action) approving the change of status.
• Certified copies of the birth/marriage certificates showing the relationship between the principal alien and the derivative applicant.
• Evidence that the enterprise in the United States is functioning.

The spouse and any child age 14 years of age and older must be present at the interview.

Can my stepchild apply for a derivative visa?

If the marriage creating the stepchild relationship occurred before the child’s eighteenth birthday, the child may apply for a derivative visa.  Your child’s application materials must include a copy of your marriage certificate establishing the stepchild relationship.

Can I study in the United States on a derivative visa?

Yes.  There is no requirement that the spouse and/or children of an E visa holder apply for a student (F-1) visa if they wish to study in the United States.  They may study on their derivative E visas.

Can I work in the United States on a derivative visa?

Spouses in derivative E status may seek employment authorization from U.S. Citizenship and Immigration Services (USCIS) of the Department of Homeland Security.  For further information, please contact the relevant USCIS office in the United States.  Children in derivative E status cannot work in the United States.

Can I change employers while in the United States in E nonimmigrant status?

Yes.  For further information, please contact the U.S. Citizenship and Immigration Services Service Center with jurisdiction over the area where the proposed employment will take place.

Do I have to pay U.S. income taxes while in the United States?

Please contact the Internal Revenue Service of the U.S. Department of the Treasury for questions concerning U.S. taxes.