E-2 Visa Renewal/Extension

An E-2 visa has the advantage of being able to be renewed or extended. There is no limit to the number of times an E-2 visa can be renewed or extended as long as the E-2 firm and the E-2 investor continue to meet the E-2 visa requirements.

I’ll explain how to renew or extend your E-2 visa in this guide. If you have any concerns or need assistance with your E-2 visa renewal, please contact us. We would be delighted to assist you.

Overview

• General Information about the E-2 Visa and Status
• E-2 Requirements for Renewal or Extension
• How to Request an E-2 Visa Renewal
• How to Apply for an E-2 Status Extension
• Conclusion

1. An Overview of the E-2 Visa and Status

An E-2 visa is a non-immigrant visa that allows you to invest in and work for a US company. To apply for an E-2 visa, you must be a citizen of a nation that has an E-2 treaty with the US. There are around 80 countries that have E-2 treaties with the US.

What Is the Difference Between a Visa and a Status?

One of the most often asked questions about E-2 visas is “how long is my E-2 visa good for?”

When I hear this inquiry as an immigration lawyer, the first thing I do is clarify the difference between a visa and status.

A visa is a type of admission document that allows you to enter the United States. A visa is a piece of paper that is attached to your passport.

Status: Your status influences how long you are allowed to stay in the United States and what activities you are permitted to engage in while there.

Using an Example, explain how this works.

Many countries provide multiple entry E-2 visas with a 5-year validity period.

This means that the E-2 visa holder can enter the United States using their E-2 visa for a 5-year term.

Multiple entrances indicate that the E-2 visa holder can enter the United States more than once.

If the visa is “single entry,” the E-2 visa holder can only enter the US once with their E-2 visa.

Even with a 5-year E-2 visa, the E-2 visa holder cannot stay in the United States for 5 years in a row.

When an E-2 visa holder visits the United States, they are granted E-2 status for two years.

This implies they can stay in the United States for up to two years.

Before the 2-year period expires, the E-2 visa holder has two options: 1) depart the US and then re-enter with a valid visa, or 2) request a “extension of status.”

This is a difficult area of immigration law. If you have any questions, please contact us.

How long is the validity of an E-2 visa?

The validity period of your E-2 visa is determined by your country of citizenship.

Each country has its unique visa requirements.

Example

Jordan: The Jordan E-2 visa is a single-entry visa with a 3-month validity period. This means that someone with an E-2 visa from Jordan can only enter the United States once, and they must do so within three months of receiving the E-2 visa (within the validity period). When they enter the United States on an E-2 visa, they normally receive two years of E-2 status.

Italy: The E-2 visa from Italy, on the other hand, is a multiple-entry visa with a 60-month validity period. This means that an Italian citizen holding an E-2 visa can enter the United States many times. They can also keep their E-2 visa for up to 5 years. When they enter the US with their E-2 visa, they are normally granted up to two years of E-2 status.

What are the E-2 Visa Requirements in My Country?

You can find the E-2 visa terms for your country by visiting the US Department of State website and clicking on the US Visa Reciprocity link.

Here’s a link to the E-2 visa terms for each nation.

2. Conditions for Renewing or Extending E-2

To renew your E-2 visa, you must generally demonstrate that you continue to meet all of the E-2 visa requirements.

The following are the prerequisites for obtaining an E-2 visa for the first time:

• Must be from a country with which the US has an E-2 pact.
• You must invest significantly in a US firm (we normally recommend at least $50,000).
• Your company must be a for-profit enterprise.
• You must intend to leave the United States after your E-2 status expires.
• Your investment cash must be in jeopardy.
• Your E-2 business cannot be a side hustle.
• You must manage and grow the E-2 business.
• Your investment funds must have been received legally.
• Considerations for Renewal of an E-2 Visa

One of the primary focuses for obtaining an E-2 visa is investment. The immigration official who is assessing your case wants to see that you have made a “significant investment” in the E-2 firm, that your investment is “at risk,” and that you received your investment funds legally.

When it comes time to renew your E-2 visa, the emphasis turns away from the investment and toward the performance of the firm. You are not obliged to inject further capital into the E-2 business to qualify for an E-2 visa renewal. However, you must demonstrate that your E-2 firm continues to meet the E-2 standards. I’ll explain how this comes into play further on.

Marginality is required.

When applying for an E-2 visa for the first time, you must demonstrate that the E-2 company will not be a marginal enterprise.

A marginal enterprise is essentially a business that only generates enough money to provide the E-2 investor and their family with a subsistence level of living.

When you first apply for an E-2 visa, you must demonstrate that your company will not be a marginal enterprise.

If the company is a start-up, you should normally demonstrate that it will not be a marginal enterprise by giving a business plan with pro-forma future estimates for how the company will perform.

You can no longer depend on future forecasts when applying for an E-2 visa renewal. The company has most likely been in operation for several years at the time of E-2 visa renewal. As a result, at this point, the actual performance of the business is the major indicator of whether it is a marginal enterprise or not.

The immigration official examining your case will examine the company’s prior performance to evaluate whether it is a viable business. You must give the company’s previous financial statements to meet this criterion. The financial documents should show that the company generates enough revenue to support the E-2 investor and their family. Alternatively, you should present evidence that the E-2 firm employs people, as this can also help to demonstrate that the company is not a small one. A mix of revenue and job creation information can also be used to demonstrate that the business is not marginal.

If the E-2 firm’s revenues are low and/or the E-2 company does not have employees, filing for E-2 visa renewal will be difficult. This is due to the company’s risk of being classified as a minor enterprise. To overcome this barrier, the applicant for an E-2 visa renewal must show convincing evidence proving how the firm will develop to the point of no longer being marginal.

One method to demonstrate that the business will improve is to show that you have committed additional cash to it and have a plan in place for using that capital productively. An updated business plan should also be supplied to show how the funds will be used to improve the company’s performance.

3. Applying for an E-2 Visa Renewal

To renew your E-2 visa, you must electronically submit a Form DS-160 to the Department of State.

Here’s a link to further information on the DS-160.

The filing fee for the DS-160 for E-2 visa renewals is presently $205 per applicant.

Along with your request for an E-2 visa renewal, you will be needed to provide a number of papers. The type of documents necessary, as well as the order in which they must be provided, will be determined by the consular office you visit.

You must also attend an E-2 visa interview at a US consular office abroad.

4. How to Apply for an E-2 Status Extension

To apply for an extension of E-2 status, you must submit a Form I-129 to USCIS.

Here’s a link to further information on the I-129.

The I-129 filing fee is presently $460.

• Along with the Form I-129, you must provide a number of documentation proving your eligibility for an E-2 extension of status. These documentation should demonstrate that you:
• Meet the E-2 requirements;
• Have maintained your E-2 non-immigrant status; and
• Are physically present in the United States at the time you file your E-2 extension of status request.

To request an extension for your E-2 dependents, complete Form I-539.

Here is a link to further information about the I-539.

The I-539 application cost is now $370.

5. Finally,

One advantage of an E-2 visa is that it can be renewed. An E-2 visa can be renewed an unlimited number of times. You can apply to renew your E-2 visa or petition for an extension of E-2 status as long as you continue to meet the E-2 visa requirements.

Timing and strategy are critical when applying for an E-2 visa renewal or an extension of E-2 status. If at all feasible, have this process handled by an expert immigration lawyer.