E2 Visa Renewal: How to Renew or Extend Your E2 Visa

E2 Visa Renewal

 

One of the benefits of an E2 visa is that it can be renewed or extended. As long as the E2 company and the E2 investor continue to satisfy the E2 visa requirements, there is no limit to the number of times that an E2 visa can be renewed or extended.

 

In this guide, I’ll explain how to renew or extend your E2 visa. If you have any questions or if you need help with your E2 visa renewal, feel free to email me at Michael@AshooriLaw.com. I would be happy to assist you.

 

Overview

 

  1. General Explanation of E2 Visa and Status

 

  1. Requirements to Renew or Extend E2

 

  1. How to Apply for an E2 Visa Renewal

 

  1. How to Apply for an E2 Extension of Status

 

  1. Conclusion

 

1. General Explanation of E2 Visa and Status

 

An E2 visa is a non-immigrant visa that allows you to invest in a US business and work for that business. To apply for an E2 visa, you must be from a country that has an E2 treaty with the United States. There are almost 80 countries that have E2 treaties with the United States.

 

Difference Between Visa and Status

 

  • One of the most common questions asked about E2 visas is “how long is my E2 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 E2 visas that is valid for 5 years.

 

  • This means that for a 5-year period, the E2 visa holder can enter the United States using their E2 visa.

 

  • Multiple entry means that the E2 visa holder can enter the United States multiple times using their E2 visa.

 

  • If the visa were “single entry” this means that the E2 visa holder can only enter the US 1 time using their E2 visa.

 

  • Even with a 5-year E2 visa, this does not mean that the E2 visa holder can stay in the United States for 5 years straight.

 

  • When someone enters the US with an E2 visa, they are given 2 years of E2 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 E2 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. If you have any questions about this, send me an email at Michael@AshooriLaw.com.

 

 How Long is an E2 Visa Valid For?

 

  • The length of time that your E2 visa is valid for depends on your country of citizenship.

 

  • Each country has its own visa terms

 

Example

 

  • Jordan: The E2 visa for the country Jordan is a single-entry visa with a 3-month validity period. This means that someone with an E2 visa from Jordan can only enter the United States 1 time using their E2 visa and they must enter within 3 months of getting the E2 visa (within the validity period). Once they enter the US using their E2 visa, they are typically given 2 years of E2 status.

 

  • Italy: On the other hand, the E2 visa from Italy is a multiple-entry visa with a 60-month validity period. This means that someone with an E2 visa from Italy can enter the United States multiple times using their E2 visa. They can also continue to use their E2 visa for up to 5-years. Every time they enter the US using their E2 visa, they are typically given up to 2 years of E2 status.

 

What are the E2 Visa Terms for My Country?

 

  • You can check the E2 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 E2

 

Generally speaking, to renew your E2 visa, you must demonstrate that you continue to satisfy all of the E2 visa requirements.

 

Here is a list of the requirements to initially qualify for an E2 visa:

 

  • Must be from a country that has an E2 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 E2 status ends.

 

  • Your investment funds must be at-risk.

 

  • Your E2 business cannot be a marginal enterprise.

 

  • You must direct and develop the E2 business.

 

  • Your investment funds must have been lawfully obtained.

 

Special Considerations for E2 Visa Renewal

 

To initially obtain an E2 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 E2 business, that your investment is “at risk,” and that your investment funds were lawfully obtained.

 

At the time you file for your E2 visa renewal, the focus shifts away from the investment and shifts toward the performance of the business. To qualify for an E2 visa renewal, you are not required to reinvest additional capital into the E2 business. However you are required to demonstrate that your E2 business continues to satisfy the E2 requirements. I’ll discuss how this comes in to play below.

 

Marginality Requirement

 

  • When you first apply for an E2 visa, you are required to show that the E2 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 E2 investor and their family.

 

  • When you first apply for an E2 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 E2 visa renewal, you generally can no longer rely on future projections. At the point of E2 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 E2 investor and their family. Alternatively, you should provide evidence that the E2 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 E2 company’s revenues are minimal and/or the E2 company does not have employees, this poses a challenge when applying for E2 visa renewal. This is because the business is at risk of being considered a marginal enterprise. To overcome this hurdle, the applicant for an E2 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 E2 Visa Renewal

 

  • To apply for an E2 visa renewal, you are required to electronically submit a Form DS-160 with the Department of State.

 

 

  • For E2 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 E2 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 E2 visa interview at the US consular office abroad.

 

 

4. How to Apply for an E2 Extension of Status

 

  • To apply for an extension of E2 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 E2 extension of status. These documents should show: 1) you satisfy the E2 requirements; 2) you have maintained your E2 non-immigrant status; and 3) you are physically present in the US at the time of filing the E2 extension of status request.

 

  • To file an extension for your E2 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 E2 visa is that it can be renewed. There is no limit to the number of times an E2 visa can be renewed. As long as you continue to satisfy the E2 visa requirements, you can apply to renew your E2 visa or petition for an extension of E2 status.

 

To apply for an E2 visa renewal or an extension of E2 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 E2 visa renewal, feel free to email me directly at Michael@AshooriLaw.com. I would be happy to help you.

 

Resources

 

 

 

 

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18:23 12 Aug 22
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Michael - David
12:45 11 Aug 22
It is my pleasure to testify to my extremely positive experience working with the Ashoori Law Team in regards to the recent renewal of my O-1 Visa. This Visa renewal was complex as it involved factors such as a patent I hold, the relationship with... the company that I am working with, as well as an arts and entertainment component. The members of the team were professional and attentive and were able to secure the renewal within a surprisingly short amount of time. I would highly recommend their services for anyone who is seeking the right immigration solution particularly where the petition has a business component.Sincerely,Michael-Davidread more
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01:56 10 Aug 22
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Ritesh Chutani
19:11 09 Aug 22
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From the bottom of my heart, I would like to express my gratitude to the Ashoori Law team, especially Kelly Raposa. Much of my time & energy was needed to go to the hospital daily to take care of my very sick mom. Thanks to Kelly’s genuine kindness... & willingness to answer even the smallest of questions, I was able to focus more of my time & energy on my mom, & was able to be by her side during her last final week. I would highly recommend this firm to anyone - from the moment I started working with them, it was evident that they deeply care about all their clients.read more
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20:23 27 Jul 22
The team at Ashoori law were helpful throughout the entire visa experience. Would, and have, recommend to anyone looking into the E2 visa route. Thank you!
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14:35 27 Jul 22
Great attorney and very impressed with the professionalism. Highly recommend this place for E2 visa needs.
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01:23 22 Jul 22
I have worked with many immigration attorneys for my personal and business needs. I have never had the pleasure of working with someone as helpful, genuine and professional as Ashoori Law.The attorney which handled both of my cases was Rebecca... McCarthy. She’s diligent, fast and an all around amazing attorney. She left no questions unanswered and was always on top of my case. Huge thanks to her and Michael for all their help and care.One thing I really liked about working with Ashoori Law is Michael was always available to answer any questions should no one else be able to answer them. He did not shy away from getting on the phone with me when I needed to speak to him. Unlike other firms where you feel the need to talk to 5 paralegals before getting real attention. I will definitely recommend my family and friends to Ashoori Law.read more
James Harvey
19:56 21 Jul 22
Michael and his team were extremely helpful throughout my whole visa application process.There was no other firm like it in terms of the effort that was put in to initially bring me on board, with there being numerous calls with me to answer my... queries first, and hear their recommendations on the best approach / visa for me, before giving them the go ahead to start my applicationTheir process was clear and easy, I was introduced to all team members who were working on my case. There was no limit of time from them with answering any questions or concerns that I had, which was huge for me as completing a visa application seemed like a daunting task initiallyFor anyone looking for this type of service I would highly recommend Michael and his team at AshooriA special thank you to James as well, who would of been my primary contact and helped tremendously.read more
Mary Kambai Chimbali
18:23 14 Jul 22
Ashoori law worked really fast. I’ve already had one of my cases approved. They made the process very easy for us and gave us confidence that things are getting done correctly. And they’ve kept us up to date with email and the online tracker along... the way.read more
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18:15 14 Jul 22
Ashoori Law has a very convenient online user portal which makes uploading documents very easy. They maintain good contact via email and staff can be reached by phone easily.
Jime Caballero
00:17 14 Jul 22
I'm so grateful of how helpful Ashoori was with my visa process. They did an excellent job!!
Dev Pawar
22:16 13 Jul 22
Nice to work with and they got the job done. Will certainly recommend them for all your immigration needs.
Mohamed Hegazy
16:09 12 Jul 22
totally satisfied with the results, I contacted the law firm to apply for E2. They got it done in time. They are professional and know what they are doing. The team was on top of the case. They reply to all the emails and at all the time. I was able... to schedule a call with them whenever I needed information. Highly recommended!.read more
ker smith
09:38 12 Jul 22
I would definitely recommend this law firm and their entire team to anyone who need immigration representation. They get the job done plus very affordable
Manisha Patel
20:38 08 Jul 22
Michael and his team is excellent at providing timely services and their turnaround time is very quick. I worked with Christina Missey for my immigration petition and she thoroughly reviewed every SINGLE documents of mine and guided me through... journey. She is the best. Appreciate the above and beyond efforts of Ashoori law firmread more
Emilio D'Angelo
17:03 05 Jul 22
I’ve worked with a lot of attorneys along my immigration journey but none have come close to the ease, organization, results of Ashoori Law!I’ll definitely be referring any of my fellow ex-pats over to the extremely capable team at Ashoori... Law.Thank you guys for just a stress free process!read more
Casa Guzmania
18:11 01 Jul 22
We worked with Ashoori Law to apply for E2 status, and it was approved on the first attempt with no request for additional information or any pushback! Big kudos to Christina and Lahaina, who were incredibly responsive, supportive, and patient... throughout the process. We highly recommend Ashoori Law for any immigration process, and we can confidently say that they are experts in E2 applications.read more
Salman Rauf
16:18 29 Jun 22
Excellent team and services.Always responded to my concerns whenever i wrote to them. Would highly recommend for Immigration servicing.
Lung Lee
00:40 28 Jun 22
Great work! Professional, always willing to help and quick response.As a newcomer to the U.S., they settled me a lot of questions.They professionally advise which kind of visa is most suitable for you. And, guide you step by step throughout the... application process. Finally, I got the approval of my visa with no RFE.I'd like to special thank to Lahaina for her caring. Also, Rohit's referral to such a great team.I do highly recommend Ashoori Law to all immigrant and non-immigrant applicants to the U.S.read more
Omolola Baidoo
00:34 28 Jun 22
I had an awesome experience with this law firm. My papers was processed promptly. My phone calls was responded to promptly. No regrets. Money well spent.I will definitely recommend Ashoori law firm to friends and families who needs their services.... Thanks for everything.read more
Anja Kahn
17:28 27 Jun 22
My I-140 for the EB2 NIW has been approved!! Thank you Michael and Lahaina of Ashoori Law, and thank you USCIS!Prior to meeting Michael Ashoori, I had frustratingly worked with 3 other immigration law firms over the previous 6 years to ensure my... business, my children and I were always in authorized and lawful status. With these firms I felt not quite versed on the in-depth immigration picture, not sure of the chances of success of any particular route, uncomfortably wondering if the advise and steering was the right path for me and my family for the long term, or was it short term fixes thereby requiring further filings in the future. I paid some pretty hefty fees too, and often was left wondering if the option I was being recommended was the best option for me or was it the most lucrative for the law firm.Michael was a breadth of fresh air!Whilst researching my queries online I found Ashoori Law through the videos Michael posts - the videos were focused, informative, and dealt with pretty much the whole picture in respect of the topic he spoke on. The tone was chatty and Michael came across as very approachable, conveying the law in terms I could understand, without losing the detail. After watching the first video, I searched for more and binge watched all I could find before reaching out to Michael!During my initial consultation I felt so reassured by not only Michael's extensive immigration law knowledge, but also the way he explained options. Everything he said made so much sense, was applicable to my circumstances, and he laid out my options clearly, giving honest evaluation as to the process, the timeline, and chances of success. He didn't do it piecemeal or in isolation, he looked at the full picture as to how my application would affect my family in the long term - definitely an important factor when kids risk being aged out at 21. Michael looked at my background and was confident that I could be successful in the EB2 NIW category. His analysis of how I met the requirements and what I would need to do to evidence my experience, knowledge and expertise gave me the confidence to proceed in the belief I merited the category.The team at Ashoori Law handled the whole process so smoothly and efficiently, with full disclosure at every stage, and it was a speedy filing - under 30 days!!Ashoori Law have a fantastic online portal, where the whole application is managed - you can monitor step by step what is required, there are user friendly forms for information gathering, and easy uploading of evidence documents. Messaging is handled securely through the portal, enabling the whole application history to be in one place, readily accessible for any future query.Having filed, Ashoori Law didn't go silent on me! With the delays in processing at USCIS due to Covid and post Covid challenges, Michael and Lahaina were always happy to have an update discussion and keep me reassured - and sane!I leave this review because Michael's evaluation of what was required for success in my immigration journey has made a phenomenal difference to my life, for which I am forever going to be grateful. I leave this review as an experienced immigration applicant who has tried some of the most well known firms in the country - firms that promised the world, charged the earth, and generally failed in the objective they were contracted for. Michael delivered on his promise. Thank you Michael.read more
Kely Aliny Neves
12:30 27 Jun 22
Foram ótimos profissionais, sempre prestativos e tudo deu certo sem desafios. Recomendo!
Ramneek Lamba
02:28 23 Jun 22
I would highly recommend Ashoori law to anyone who is looking for a professional advice on immigration. Right from the beginning they explained me the procedure in detail. Lahaina was super helpful at all stages of the process. They respond quickly... and professionally. Anyone looking for immigration advice will not be disappointed. Thanks again!read more
Tommy T Chai8.
06:44 21 Jun 22
Thank you very much for this advice.I thing that next month i will submit this document. 🌷🌷
Rahila Samreen
02:07 17 Jun 22
Michael Ashoori is an excellent immigration lawyer. He has a great team. His team response is so quick. My daughter is also doing her immigration case with him. And definitely I will appoint for my son next. He is a very trustworthy lawyer and you... will never feel that your money is wasted. I definitely recommend to everyone. Thanks to Michael Ashoori that you assisted me every time .read more
Marina
00:45 17 Jun 22
Very great! Love, love, love Ashoori Law and his team. They make you feel like family. This is the team that will definitely get the job done. Very friendly and professional!
Vivek Sharma
00:54 16 Jun 22
The team at Ashoori Law did a wonderful job in helping me get my H-1B Visa approved on time. Special thanks to Lahaina and James who were always communicative throughout the process and ensured all information and documents were in place before... submitting the petition. I would highly recommend their services.read more
Erika Fifield
18:41 15 Jun 22
The Ashoori Law team was awesome in providing my company with employer sponsored visa services. They guided us through the entire process, were very professional and were able to file and get us the needed approval in a timely manner. As an HR... manager, I highly recommend Ashoori Law for your business or individual immigration needs. James, Milena, and the entire team were very helpful and made the process very simple with quick results!read more
Ross Hitchins
06:36 10 Jun 22
Our E2 visa request was professionally handled to a successful outcome. I would recommend this Law company for anyone who is trying to obtain a US visa. Good Job! Thanks Steve Hitchins
Romard Palmer
15:05 08 Jun 22
I had the opportunity to work with Ashoori Law to apply for my Re-entry permit. i must say it was seamless, all the work was handle by the staff at Ashoori Law. The service they provided was extraordinary, the staff are very knowledgeable and... provides timely feedback and is willing to spend countless hours on phone calls to explain any situation/issues you might have. I highly recommend this firm for any legal matters regarding immigration services. I will be using them for all my future needs moving forward. It was a great pleasure working with Ashoori Law, I look forward to work with them again.read more
Sandeep Kaur Pannu
02:02 08 Jun 22
I have watched all your videos, they are always great…. I read your blog online and it was very informative and after reading the blog I felt, you and your teams knows in depth about immigration that’s how I approached you guys for EAD. And it all... turned out so great!Thank you for getting us EAD approval in hand! So all five stars from our side.Thank you!read more
Kevin Kovacs
21:03 07 Jun 22
The Ashoori Law team has done a tremendous job representing me and successfully putting together my application. They are very knowledgable, organized, thorough, and straightforward. The team knows what it takes to get cases approved. Ashoori Law... has earned my trust and I will engage them in future cases. Highly recommend!read more
Juan perez don
01:10 02 Jun 22
Hola! Gracias por la asesoría, mi caso salió exitoso, mi cambio de status fue aprobado Gracias por la asesoría y el acompañamiento.
Malwa Truckline
03:04 01 Jun 22
We would like to thank Micheal and Team to work on a our case.which really went smoothly and made easy by them.we highly recommend Ashoori Law Firm and it was pleasure doing business with them.
Jarson Laguerta
21:04 31 May 22
I would highly recommend Ashoori Law office for the fast and reliable visa process. The staff are also accommodating , on point and on time, they're are very fast when it comes to processing my visa.
sunaina rayamajhi
22:42 27 May 22
Applied my marriage based green card from here and everyone was really friendly. Whenever i had any questions they were available to answer it. I really loved the service here. I will definitely recommend this place to family or friends if they ever... need any immigration service.read more
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Michael Ashoori Headshot

Michael Ashoori, Esq.

U.S. Immigration Lawyer

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 hundreds 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.