E2 Visa Premium Processing: What You Need to Know | Ashoori Law

The E2 visa is a popular visa for foreign entrepreneurs looking to invest in the United States. Many people wonder if the E2 visa is eligible for premium processing, a service that allows individuals to pay an additional fee to expedite their case processing to 15 business days. In this blog post, we will explore whether the E2 visa is eligible for premium processing and how it works.

First, let’s define what the E2 visa is. The E2 visa is a nonimmigrant visa that allows foreign nationals of certain countries to invest in and manage a business in the United States. To be eligible for an E2 visa, the investor must be a citizen of a country that has a treaty with the United States, have invested or is in the process of investing a substantial amount of capital in a U.S. business, and be coming to the U.S. to develop and direct the investment.

Now, let’s talk about premium processing. Premium processing is an optional service offered by the U.S. Citizenship and Immigration Services (USCIS) for certain cases. By paying an additional fee, applicants can expedite the processing of their case, and in many cases, receive a decision within 15 business days.

So, is the E2 visa eligible for premium processing? It depends.

Premium processing is only available for certain cases that are filed, with USCIS. Typically, when someone applies for an E2 visa, they must submit their documentation to a consulate or embassy outside of the United States for a visa interview. In these cases, the matter is not initially filed with USCIS, so those E2 visa applicants are not eligible for premium processing. Their processing times are dependent on the interview wait times at their respective consulate or embassy.

However, if someone is in the United States lawfully and decides to switch to E2 status, they can apply for an E2 change of status. In this case, the E2 change of status application is eligible for premium processing. This means that for an additional government filing fee of $2,500, applicants can expedite the processing of their case and receive a decision within 15 business days.

It is important to note that even with premium processing, there is still a chance that USCIS will issue a request for evidence (RFE), which can delay the processing time. Therefore, while premium processing substantially speeds up the adjudication of a case, there is no guarantee that an E2 change of status application will be approved within 15 business days.

In summary, the E2 visa is not eligible for premium processing, but the E2 change of status application is. Applicants should be aware of the additional filing fee and the possibility of a request for additional evidence even with premium processing.

We hope this post has helped clarify whether the E2 visa is eligible for premium processing. If you or someone you know is considering applying for an E2 visa, it is recommended to consult with an immigration attorney who can guide you through the application process and answer any questions you may have.