New E2 Visa Policy – Inside Look at USCIS Request for Evidence (RFE)

In today’s blog post, we will explore the Requests for Evidence (RFE) and understand how they affect new immigration policies. RFEs are issued by the United States Citizenship and Immigration Services (USCIS). An RFE is a request for additional evidence that USCIS issues in response to certain cases.

Recently, a new act was passed that affects people who gain citizenship to an E2 treaty country through financial means, such as making an investment. The new policy requires that these individuals be domiciled in that country for at least three continuous years before using that citizenship and passport to apply for an E2 Visa. Please read the below illustration to see how the RFE would affect this immigration policy.

Born in India, and a recent citizen of Canada, Bob is applying for an E2 change of status in the United States, using his Canadian passport. USCIS sent Bob an RFE in response to his E2 change of status, asking him how he obtained Canadian citizenship, and whether he became a citizen through financial means. The RFE further stated that if he became a citizen through financial means provide evidence of being domiciled in Canada for at least three years continuously before applying for the E2 change of status.

The E2 visa requires applicants to demonstrate that they are nationals of a treaty country or a country accorded treaty visa privileges by legislation. If an individual is in the United States, their country of nationality is determined by the passport they used when they were last admitted into the United States.

The INA 101 now states that a foreign national who is authorized to enter the United States under and in pursuance of the provisions of a treaty of commerce and navigation between the US and the foreign state of which he is a national, or in the case of an alien who acquired the relevant nationality through a financial investment, and who has not previously been granted status under this subparagraph, the foreign state of which the alien is a national and in which the alien has been domiciled for a continuous period of not less than three years at any point before applying for a nonimmigrant visa under this subparagraph. The spouse and children of any such foreign national should also provide evidence.

Therefore, if you were born in a country that is not an E2 treaty country, and you’re applying for an E2 Visa using a passport of a treaty country, USCIS requires proof of how you obtained citizenship to that treaty country. If you obtained citizenship to the treaty country through financial investment, you must explain whether you have been domiciled in that country for at least three years continuously before using your passport to apply for the E2 Visa.

If you are a recent citizen of an E2 treaty country, you should plan accordingly and look out for these requirements when compiling your documentation and putting together your application. It is important to keep up with the new immigration policies and understand how they are implemented to ensure successful applications.