Understanding Your E-2 Visa: Validity vs. Authorized Stay
An E-2 Investor Visa is a non-immigrant visa that allows foreign nationals to make a
substantial investment in a U.S. business and develop and direct that
business. To acquire this visa, you must first be a national from an E2 treaty
country. As it currently stands, there are almost 80 countries that have E2
treaties with the U.S.
To know more about the E2 Visa and to check whether your country is one of the
E2 treaty countries, you can also check the overview from the USCIS here.
E-2 Visa Validity and Authorized Stay (I-94)
Depending on your nationality, your E2 Visa validity period can range from 3
months to 5 years depending on the reciprocity schedule with the treaty
country. The reciprocity schedule determines the validity period of the E2
visa. For example, if your E2 Visa's validity is 3 months, then you can enter
the United States within that 3 months from the date of the issuance.
The validity period is to not be confused with the period of authorized stay,
which is the time that you are allowed to remain in the U.S. The period of
authorized stay for every entry on a valid E2 Visa is two years, which will be
reflected in the I-94. You have to make sure that you do not stay beyond the
date in the I-94. If your visa is still valid, you can simply depart the U.S.
and re-enter to be re-admitted for another two years. If you do not want to
depart the U.S., you may also file an application with USCIS for
extension of your E2 status. When the application is approved, USCIS
will issue a new I-94 with an additional period of two years of authorized
stay.
Timing Your E-2 Visa Renewal Application
Generally, the validity period of the E2 Visa is five years as long as you
satisfy the E2 visa requirements. Again, it would always depend on the reciprocity schedule. However, it
should be noted that even if the reciprocity schedule provides for 5 years,
the consular officer has the discretion to give a visa validity that is less
than what is provided in the reciprocity schedule.
It is best to plan the renewal of your visa immediately after obtaining it as
it is usual for investors to concentrate on the success of their business, but
often ignore the visa requirements. You can apply to renew your E-2 visa as
early as six months before the expiration date. If you want to maintain your
ability to travel, it is important to plan ahead for the renewal of your E2
visa.
Costs for E2 Visa Renewal
In order to apply to renew your E2 visa, you will have to pay the MRV
application fee. The MRV application fee is non-refundable and
non-transferable. There will be no refund of the fee, regardless of whether
the visa is ultimately issued or refused. The fee for a treaty trader, treaty
investor, and treaty applicants in a specialty occupation (E category) will
is $315.
Nationals of certain countries are required to pay an issuance fee in order
for an approved visa to be issued. Fees are based on reciprocity and reflect
the charges levied by the applicant’s government to a U.S. citizen for a
similar service. You will be advised upon approval of your application
whether or not an issuance fee is required. You can check our
E2 Visa Cost
guide for more.
Requirements for E2 Visa Renewal
The renewal process of an E2 Visa is similar to first applying for one. You
may apply for the renewal of your E-2 visa in the U.S. consulate in their home
country or in other locations that accept E-2 applications from third country
nationals.
The renewal process requires the following:
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Form DS-160 Confirmation Sheet
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Complete Form DS-156E application
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A copy of the payment receipt detailing that the MRV was paid
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Detailed letter showing the applicant's job in detail
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Notice of Action letter, if E2 Visa was previously extended
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Colored copy of passport's bio-data page and copies of any US Visa, US
entry or exit stamps, and I-94
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Form I-129 (Petition for Nonimmigrant Worker)
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Copy of business tax returns from the past 5 years
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Detailed profit and loss statements
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Proof of substantial investment in the enterprise
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Continued proof that the investment funds are at risk
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Evidence that the investment funds were from a bona fide source
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Copy of all other payroll and financial statements or financial documents.
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Proof of visa holder's physical presence in the United States
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Visa interview at the USCIS office or the U.S. embassy
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Present the E2 Visa application for renewal packet to the interviewing
officer
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Other supporting documents requested
Moreover, E2 Visa holders must present documents that show proof that the
business is not marginal and has generated sufficient income, indicate
evidence that the business has created job opportunities, and demonstrate how
the last several years of the business have displayed favorable and
encouraging operations.
The documents needed to be submitted for an extension of an E2 Visa can be
complex for the layman, so we strongly advise that you seek the help of a
lawyer experienced in immigration law to give you advice and assistance on
documentary evidence you might need to submit.
E-2 Visa Renewal Costs: MRV and Issuance Fees
It is important to check with the Embassy or Consulate for specific
requirements or instructions when it comes to applications for renewal of E-2
visa. In most cases, there are Embassy-specific instructions that you need to
follow.
In general, you have to complete and submit your DS-160 application, pay the
MRV fee and submit the E-2 application package to the Embassy or Consulate.
The Embassy usually reviews that application in advance before notifying the
applicant to schedule an interview.
E-2 Visa Renewal Processing Times: Consular and USCIS Estimates
Generally, it will take 2 to 4 weeks from the filing of the application before
the approval of the extension. This varies, however, depending on the workload
of the U.S. Embassy or Consulate. Depending on the forms that you're required
to submit, your wait times can be longer or shorter. You can also check
our E2 Visa Processing Time guide for more information.
Required Supporting Documents for E-2 Visa Renewal
Your E2 Visa renewal application needs to be heavily supported by extensive
documentary evidence. These documents are based on whether you're a business
owner or an employee and based on your specific circumstances.
For example, these supporting documents can be tax returns, copies of
contracts and agreements, bank statements, the latest annual report, and
company organogram among others for business owners. Meanwhile, employees may
be asked to submit their resume, color copy of their passport, and letter from
their employer justifying the renewal requirement among others.
E-2 Visa Renewal for Dependents (Spouse & Children)
-
As an E2 investor, you can be accompanied by your spouse and unmarried
children under the age of 21 as dependents. In most cases, your family
members will be granted the same period of stay and they can apply for an
extension of stay by filing Form I-539 (Application to Change/Extend
Nonimmigrant status).
-
While E2 dependents are not required to invest or work at an E2
business, they would still need to provide evidence in support of their
application.
Continuing E-2 Visa Eligibility Requirements for Renewal
You have to first qualify for an E2 visa before you can apply to renew it. In
case you are wondering, we are summarizing the E2 visa requirements below:
-
Your nationality must be of one of the treaty countries that have an E2
treaty with the U.S.;
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You must have a substantial investment in a U.S. company;
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The investment funds must be lawfully acquired and must be at risk;
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The business must not be a marginal enterprise that's solely for earning a
living;
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The business must be a real entity and must be active for profit.
-
You must be in a position to direct the enterprise and show control of the
operations;
-
If you're an employee, you must have the skills needed for the operation
of a firm in the U.S.; and
-
You must intend to leave the U.S. once your E2 Visa ends.
Application for Extension Of Status with USCIS
Again, it is important to understand the difference between visa and status.
The visa allows you to enter the U.S. and once you enter the U.S., you will be
given a status with a corresponding period of authorized stay depending on
your classification.
If you enter on a valid E-2 visa, regardless of the validity date of the visa,
you should always be given a period of two years of authorized stay. Given
this, it is possible for your E2 visa to expire while you are inside the U.S.
and still maintain lawful E-2 status in the U.S. if you are still within your
period of your authorized stay as per your I-94. It is crucial to keep in mind
that you should not stay in the U.S. beyond your period of authorized stay.
If you, your spouse and your children need to stay in the U.S. and your period
of authorized stay is about to expire, you have to make sure that you file the
necessary forms with USCIS to apply to extend your E2 status. If approved,
USCIS will issue a new I-94 with your new dates of authorized stay.
What to Do if Your E-2 Visa Renewal is Denied
It is not difficult to get your E2 visa renewed if you are able to demonstrate
that you continue to meet requirements. However, it is still possible for E2
visa renewal applications to be denied.
One of the most common reasons why a renewal application gets denied is due to
the marginality requirement. The E2 Visa requires that the enterprise must not
be a marginal enterprise, which means that the business must have a present or
future capacity to be profitable beyond solely providing for the treaty
investor and their family. This is because the U.S. wants investors to
contribute to the economy, and creating jobs is one way to do so. If you've
been running a business for 5 years, it must be on a scale enough to employ
several workers.
It is important to note that a denial of a visa application cannot be
appealed. It may only be possible to request for a review of the case if there
is a clear misapplication of the law. In most cases, it would be easier to
resubmit your application once you have addressed the issues that resulted in
a denial.
If you filed an application to extend your E2 status and USCIS denies your
application, you may have the option to file the following:
-
An Appeal with the Administrative Appeals Office;
-
A Motion to Reconsider the USCIS decision;
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A Motion to Reopen the USCIS decision; or
-
A Joint Motion to Reconsider and Reopen the USCIS decision.
Of course, it's hard when you get denied for your renewal. Here at Davies & Associates, our experienced immigration lawyers can help you with your E2 Visa renewal
application so you won't have to worry about submitting the wrong documents.
About the Authors
Mark I Davies, Esq.
Chairman of Davies & Associates; focused on E visa strategy and complex consular filings.
Mark I Davies, Esq. JD, University of Pennsylvania Law School, Licensed with the SRA (SRA ID: 384468) in the UK, Member Law Society of England & Wales, MBA, Wharton School of Business. Top 10 Investment Visa Lawyer, Licensed (USA), Georgia State Bar. AILA Member.
| Area |
Details |
| Education |
JD, University of Pennsylvania Carey Law School | MBA (Finance), The Wharton School, University of Pennsylvania | Chartered Accountant (ICAEW) |
| Financial Training |
Completed Analyst Training Program at a major international bank | Chartered Accountant background with professional training in financial analysis and reporting |
| Legal Practice |
Admitted to practice in Georgia (USA) | Registered Solicitor with the Law Society of England & Wales | Former CMBS lawyer at one of the world's largest international law firms |
| Immigration Track Record |
15+ years advising HNW investors | Zero denials for clients advised on source-of-funds compliance in EB-5 | Hundreds of successful EB-5 cases globally |
| Recognition |
Named a Top 25 EB-5 Immigration Attorney by EB5 Investors Magazine (2018–2023) |
| Professional Engagements |
Lecturer/trainer for other lawyers at AILA, ACA, University of Pennsylvania Law School | Frequent speaker at global investment immigration conferences |
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