E-2 Visa Renewal: How to Renew or Extend Your E-2 Visa
Author: Ashoori Law
One of the benefits of an E-2 visa is that it can be renewed or extended. As long as the E-2 company and the E-2 investor continue to satisfy the E-2 visa requirements, there is no limit to the number of times that an E-2 visa can be renewed or extended.
In this guide, I’ll explain how to renew or extend your E-2 visa.
Overview
- General Explanation of E-2 Visa and Status
- Requirements to Renew or Extend E-2
- How to Apply for an E-2 Visa Renewal
- How to Apply for an E-2 Extension of Status
- Conclusion
1. General Explanation of E-2 Visa and Status
An E-2 visa is a non-immigrant visa that allows you to invest in a US business and work for that business. To apply for an E-2 visa, you must be from a country that has an E-2 treaty with the United States. There are almost 80 countries that have E-2 treaties with the United States.
Difference Between Visa and Status
- One of the most common questions asked about E-2 visas is “how long is my E-2 visa valid for?”
- As an immigration lawyer, when I get this question, the first thing I do is explain the difference between a visa and status.
- Visa: A visa is an entry document that allows you to seek entry to the United States. A visa is a physical document that is affixed to your passport.
- Status: Your status determines how long you are allowed to stay in the United States and what activities you are permitted to do while you are in the United States.
Explanation of How This Works Using an Example
- Many countries issue multiple entry E-2 visas that is valid for 5 years.
- This means that for a 5-year period, the E-2 visa holder can enter the United States using their E-2 visa.
- Multiple entry means that the E-2 visa holder can enter the United States multiple times using their E-2 visa.
- If the visa were “single entry” this means that the E-2 visa holder can only enter the US 1 time using their E-2 visa.
- Even with a 5-year E-2 visa, this does not mean that the E-2 visa holder can stay in the United States for 5 years straight.
- When someone enters the US with an E-2 visa, they are given 2 years of E-2 status.
- This means that they are allowed to stay in the US for up to 2 years.
- Before the 2-year period comes to an end, the E-2 visa holder can either: 1) leave the US and then re-enter with a valid visa; or 2) they can request an “extension of status.”
- This is a complex area of immigration law.
How Long is an E-2 Visa Valid For?
- The length of time that your E-2 visa is valid for depends on your country of citizenship.
- Each country has its own visa terms
Example
- Jordan: The E-2 visa for the country Jordan 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 1 time using their E-2 visa and they must enter within 3 months of getting the E-2 visa (within the validity period). Once they enter the US using their E-2 visa, they are typically given 2 years of E-2 status.
- Italy: On the other hand, the E-2 visa from Italy is a multiple-entry visa with a 60-month validity period. This means that someone with an E-2 visa from Italy can enter the United States multiple times using their E-2 visa. They can also continue to use their E-2 visa for up to 5-years. Every time they enter the US using their E-2 visa, they are typically given up to 2 years of E-2 status.
What are the E-2 Visa Terms for My Country?
- You can check the E-2 visa terms for your country by going to the U.S. Department of State website and checking the U.S. Visa Reciprocity link.
2. Requirements to Renew or Extend E-2
Generally speaking, to renew your E-2 visa, you must demonstrate that you continue to satisfy all of the E-2 visa requirements.
Here is a list of the requirements to initially qualify for an E-2 visa:
- Must be from a country that has an E-2 treaty with the United States.
- You must make a substantial investment in a US company (we typically recommend at least $100,000).
- Your business must be an active for-profit business.
- You must intend to depart the US once your E-2 status ends.
- Your investment funds must be at-risk.
- Your E-2 business cannot be a marginal enterprise.
- You must direct and develop the E-2 business.
- Your investment funds must have been lawfully obtained.
Special Considerations for E-2 Visa Renewal
To initially obtain an E-2 visa, one of the main focuses is the investment. The immigration official that is reviewing your case wants to see that you have made a “substantial investment” in the E-2 business, that your investment is “at risk,” and that your investment funds were lawfully obtained.
At the time you file for your E-2 visa renewal, the focus shifts away from the investment and shifts toward the performance of the business. To qualify for an E-2 visa renewal, you are not required to reinvest additional capital into the E-2 business. However you are required to demonstrate that your E-2 business continues to satisfy the E-2 requirements. I’ll discuss how this comes in to play below.
Marginality Requirement
- When you first apply for an E-2 visa, you are required to show that the E-2 company will not be a marginal enterprise.
- A marginal enterprise is basically a business that only generates enough income to provide a minimal living for the E-2 investor and their family.
- When you first apply for an E-2 visa, you are required to show that the business will not be a marginal enterprise.
- If the business is a start-up company, you generally show that the business will not be a marginal enterprise by providing a business plan with pro-forma future projections for how the business will perform.
- When applying for an E-2 visa renewal, you generally can no longer rely on future projections. At the point of E-2 visa renewal, the business has likely been operational for multiple years. Therefore, at this stage, the actual performance of the business is the primary indication of whether or not the business is a marginal enterprise or now.
- The immigration official reviewing your case will review the past performance of the business to determine whether the business is not a marginal enterprise. To satisfy this requirement, you should provide the business’s past financial statements. The financial statements should indicate that the business is generating more than enough revenue to support the E-2 investor and their family. Alternatively, you should provide evidence that the E-2 business employs workers as this can also be helpful to show that the business is not marginal. A combination of evidence showing revenue and job creation can also work to show that the business is not marginal.
- If the E-2 company’s revenues are minimal and/or the E-2 company does not have employees, this poses a challenge when applying for E-2 visa renewal. This is because the business is at risk of being considered a marginal enterprise. To overcome this hurdle, the applicant for an E-2 visa renewal should provide credible evidence demonstrating how the business will improve to a point where it will no longer be marginal.
- One way to show that the business will improve is to provide evidence that you have committed additional capital to the business with a plan in place for deploying that capital productively. An updated business plan should also be included to demonstrate how the capital will be used to improve the performance of the business.
3. How to Apply for an E-2 Visa Renewal
- To apply for an E-2 visa renewal, you are required to electronically submit a Form DS-160 with the Department of State.
- For E-2 visa renewals, the filing fee for the DS-160 is currently $205 per applicant.
- You will be required to submit a number of documents along with your request for the E-2 visa renewal. The type of documents required and the order in which these documents are to be presented will depend on the consular office you
- You are also required to attend an E-2 visa interview at the US consular office abroad.
4. How to Apply for an E-2 Extension of Status
- To apply for an extension of E-2 status, you are required to file a Form I-129 with USCIS.
- The filing fee for the I-129 is currently $460.
- Along with the Form I-129, you must submit a number of documents demonstrating that you meet the requirement for an E-2 extension of status. These documents should show: 1) you satisfy the E-2 requirements; 2) you have maintained your E-2 non-immigrant status; and 3) you are physically present in the US at the time of filing the E-2 extension of status request.
- To file an extension for your E-2 dependents, you must file a Form I-539.
- The filing fee for the I-539 is currently $370.
5. Conclusion
One of the benefits of an E-2 visa is that it can be renewed. There is no limit to the number of times an E-2 visa can be renewed. As long as you continue to satisfy the E-2 visa requirements, you can apply to renew your E-2 visa or petition for an extension of E-2 status.
To apply for an E-2 visa renewal or an extension of E-2 status, timing and strategy are highly important. If possible, you this process should be handled by an experienced immigration lawyer.
If you have any questions, or if you need help with your E-2 visa renewal, feel free to email me directly at contact@ashoorilaw.com. I would be happy to help you.
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Michael Ashoori, Esq.
President of Ashoori Law
I’m a U.S. immigration lawyer and I help families, professionals, investors, and entrepreneurs get visas, green cards, and citizenship to the United States.
Since starting my law firm, I’ve helped thousands of people from all over the world with their immigration needs. I’m very passionate, hard-working, and committed to my clients.
Got a question? Send me an email.