E-2 Visa Processing Time: What to Expect

The E-2 visa is a powerful tool for investors and entrepreneurs too. With an E-2 visa, you can start a business in the United States and run your business. For many investors, a primary consideration is how long it takes to process their visa.

In this guide, I’m going to discuss the E-2 visa processing time.

Overview:

1. Introduction to E-2 Visa

2. Difference Between E-2 Visa and E-2 Status

3. E-2 Visa Processing Time (Visa Processing)

4. E-2 Visa Processing Time (Change of Status)

5. Conclusion

1. Introduction to E-2 Visa

The E-2 visa is an investment-based non-immigrant visa for investors and entrepreneurs. The basic idea of the E-2 visa is that it allows you to invest a “substantial” amount of money in a U.S. business. Based on your investment you are able to live in the United States and operate your business.

The E-2 visa is based on a treaty, so in order to qualify for an E-2 visa, you must possess the nationality of a country that has an E-2 treaty with the United States.

The E-2 visa is a non-immigrant visa, meaning that it is temporary and does not lead to a green card. However, the E-2 visa can be renewed without limit, as long as the E-2 business continues to satisfy the E-2 visa requirements.

To get an E-2 visa, there are 8 main requirements:

1. You must be from a country that has an E-2 treaty with the U.S.

2. You must have the “intent to depart” the United States once your E-2 status ends

3. You must invest a substantial amount of capital in a U.S. business (I typically recommend at least $100k)

4. Your investment funds must have been obtained lawfully

5. The U.S. business must be an active, for-profit business

6. The U.S. business cannot be a marginal enterprise

7. The invest funds must be put at risk (they cannot just be deposited in the businesses operating account. They should actually be committed and spent)

8. You must be coming to the U.S. to direct and develop the E-2 business

2. Difference Between E-2 Visa and E-2 Status

Before we discuss the E-2 visa processing time, it is very important to know that there are 2 different ways to go about the E-2 process:

1. Get an E-2 Visa
2. Apply for a Change of Status to get E-2 Status

There are multiple differences between getting your E-2 visa or doing a change of status to E-2. See below for a discussion regarding the differences.

Getting an E-2 Visa:

By getting approved for an E-2 visa, you get a physical visa affixed to your passport. With an E-2 visa, you can freely travel in and out of the United States as long as your visa is valid. Upon each entry to the United States you are permitted to stay continuously for up to 2 years with E-2 status.

In order to get an E-2 visa, you apply directly to a U.S. Consulate or Embassy. Depending on your situation, you will most likely be submitting your E-2 application to the U.S. Consulate or Embassy of your home country.

To apply for an E-2 visa, you submit a Form DS-160. You also submit all the supporting documentation proving that you satisfy the E-2 visa requirements.

Once your application is reviewed and accepted by the Consulate or Embassy, you then schedule an appointment for a visa interview. At the interview, the consular officer may ask various questions regarding your investment, source of funds, etc.

After a successful interview, you should receive your E-2 visa within a week.

Applying for a Change of Status to E-2 Status:

If you’re already in the United States in some other valid non-immigrant status, you may be eligible to do what is called a change of status. A change of status is the process of going from one non-immigrant status to another non-immigrant status. By doing a change of status, you do not get an E-2 visa, instead you get E-2 status.

With E-2 status, you have all the same rights to work for and operate your business in the United States. The main difference has to do with travel. With E-2 status, if you leave the United States, you lose your E-2 status. In order to travel in and out of the U.S. and keep your status you will need an E-2 visa.

To do an E-2 change of status, your immigration lawyer will file a Form I-129 with USCIS. Along with your Form I-129, your immigration lawyer will file all the supporting documents showing that you satisfy the E-2 visa requirements.

The entire change of status process takes place in the United States through USCIS. You do not need to leave the United States or do an interview.

Now that we talked about the difference between an E-2 visa and E-2 status, let’s talk about the E-2 visa processing time for each of these options.

3. E-2 Visa Processing Time (Visa Processing)

Here is a breakdown of the E-2 processing time if you are applying for an E-2 visa:

Step 1. Submitting your E-2 visa application to the U.S. Consulate or Embassy

Once you submit your E-2 visa application with the U.S. Consulate or Embassy, it takes on average about 6 to 8 weeks for them to review your documentation. The length of time it takes to review your application varies depending on the particular consulate or embassy. Once reviewed they can either accept the documentation and move forward  to scheduling a visa interview, or they may ask for additional documentation to clarify something.

Step 2. Visa Interview

Once your application is accepted, the next step is to schedule a visa interview. Typically an interview can be scheduled within 1 week of your application being reviewed and accepted. This varies depending on the particular consulate.

Step 3. Getting the Visa

After a successful visa interview, you should be issued your E-2 visa within about 1 week.

Total E-2 visa processing time (visa processing):

• About 3 months with no delays

4. E-2 Visa Processing Time (Change of Status)

Here is a breakdown of the E-2 processing time if you are doing an E-2 change of status:

Form I-129 Processing

Once you submit your Form I-129, it takes about 2 to 3 months for USCIS to review and issue a response. If USCIS approves your I-129, your change of status begin from the date specified on your approval notice.

However, USCIS may issue a request for additional evidence (RFE). If an RFE is issued, USCIS will give you time to prepare the necessary documentation and send it back. USCIS will then take additional time to review and respond based on your additional information. An RFE can cause an additional delay of 3 to 6 months.

Premium Processing

One of the benefits of doing a change of status through USCIS is that USCIS offers a premium processing service for an additional fee (currently $1,225). If you elect to do premium processing, USCIS must review your petition and issue a response within 15 days.

Keep in mind, premium processing only requires USCIS to issue the initial response within 15 days. So if the initial response is a Request for Evidence, USCIS is no longer required to issue a response within the 15 day timeline.

Total E-2 visa processing time (change of status):

• Regular processing: About 2 to 3 months (with no RFEs)

• Premium Processing: 15 days (with no RFEs)

5. Conclusion

The E-2 visa is a great option for investors and entrepreneurs to start a business in the U.S. and work for that business. The E-2 visa processing time will depend on whether you do a change of status or whether you apply for an E-2 visa.

If you are applying for an E-2 visa, the E-2 visa processing time takes about 3 months on average.

If you are doing a change of status, the processing time depending on if you elect to do premium processing or if you do regular processing. With regular processing, if no RFEs are issued, it should take about 2 to 3 months. With premium processing, if no RFEs are issues, it should take 15 days or less. Keep in mind, RFEs can delay the process.

If you have any questions about anything discussed in this guide, or if you need help getting your E-2 visa, please feel free to contact me directly at contact@ashoorilaw.com. I’d be happy to help you.

Resources:

• E2 Visa Guide: Everything You Need to Know About the E2 Visa

• 9 FAM 402.9

• USCIS – E2 Treaty Investors