If I obtain an E visa to operate my business in the United States, can my family members accompany me? Can they work for me?

An E visa holder's spouse and dependent children (under 21) may enter on the same type of visa as the principal applicant for the same time period as the primary alien. While the nationality of the principal alien is relevant to establishing E visa eligibility, the nationality of the spouse or child is not relevant to their classification as dependent E visa holders.

The immigration regulations at 8 CFR s.274a.12(b)(5) state that the work authorization of the principal alien does not extend to his/her spouse and children. However, s. 214.2(e) of the Operations Instructions state that, although the INS is not in a position to authorize employment to dependent E visa holders, they will not consider such employment to be a violation of status. Therefore, as long as the principal alien remains in status, no action will be taken against his or her dependents based on their unauthorized employment.

Nevertheless, the Immigration Reform and Control Act of 1986 provides for serious sanctions against any employer who hires aliens without work authorization. This will effectively preclude and E visa holder's spouse or children from being hired by any employer who is concerned about such sanctions. However, the principal alien will not be as concerned when hiring his/her own family members. If he/she is concerned, it may be possible to obtain work E visa work authorizations for at least some of the family members in their capacity as managers, executives or essential skills employees of the treaty business.

I am an F1-visa student from Canada. My mother, who is a permanent resident of the United States, has recently filed a petition (I-130) for my immigration to the United States. If I go for a vacation to Canada, or to Europe, could I be denied re-entrance to the United States because of my mother's petition, on the basis that the petion proves my intent to remain permanently in the US?

Unfortunately, the answer is "yes". Immigrant intent is inconsistent with F-1 student status. If the INS discovers that a petition for permanent residence has been filed on your behalf, it will be very difficult to re-enter the United States.

Section 214(b) of the Immigration and Nationality Act imposes a presumption of immigrant intent on most nonimmigrant categories, including the F-1 category. However, the presumption of immigrant intent is not conclusive. If the issue of the petition comes up, you can still rebut the presumption of immigrant intent by demonstrating additional proof of your ties to Canada. You should be aware that a pending petition for permanent residence is very strong evidence of immigrant intent and will be difficult to overcome.

As a practical matter, most INS officers at the border do not ask Canadians about pending petitions unless they have reason to believe that the applicant for entry is an intending immigrant. However, it does happen on occasion. If you act suspiciously, it will probably be one of the many questions they ask you.