E-2 visas, otherwise known as investor visas, are designed for foreign business professionals and investors to come to the U.S. in order to oversee an enterprise that is engaged in trade between the United States and a foreign country, or a major investment in the United States. These visas are only available to nationals of countries with treaties with the U.S. On this page, you will learn all about E-2 visa renewals and extensions, as well as the validity period, common reasons for rejections, and what to do if your extension or renewal application is denied.
E-2 Visa Validity Period
The validity of an E-2 visa depends on your country of citizenship. For many countries, the E-2 visa can be issued for up to 5 years. However, this does not mean you can remain in the U.S. for 5 years straight.
Each time you enter the U.S. on an E-2 visa, you are granted 2 years of stay. To continue living in the U.S. beyond that:
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You must either leave the U.S. and re-enter (triggering a new 2-year stay)
- Or apply for an extension of stay with USCIS before your 2-year period ends.
There are no limits on the number of extensions you can take.
Check out this guide on how to determine if an E-2 visa is suitable for you.
E-2 Renewal Vs Extension
It’s important to understand the three key methods for continuing your E-2 status:
- An extension of stay, which is filed from within the U.S. to prolong your authorized time
- A visa renewal, which involves applying for a new visa at a U.S. consulate abroad to enable future travel
- Receiving a new period of admission, which is granted by an officer at the border when you simply exit and re-enter the country while your current visa is still valid.
|
Feature |
E-2 Renewal |
E-2 Extension |
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What is the Goal? |
To get a new E-2 visa stamp in your passport. |
To extend your authorized period of stay (I-94) in the U.S. |
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Where do you apply? |
Outside the U.S. at a U.S. Embassy or Consulate. |
Inside the U.S. by filing with USCIS. |
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What form do you use? |
Form DS-160, Online Nonimmigrant Visa Application. |
Form I-129, Petition for a Nonimmigrant Worker (Dependents use Form I-539)* |
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What is the outcome? |
A new visa stamp in your passport, often valid for up to 5 years. |
A Form I-797 Approval Notice from USCIS, granting up to 2 more years of status. |
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Can you travel with it? |
Yes. The visa stamp is your key to travel to the U.S. and re-enter. |
No. The approval notice is not a travel document. If your visa stamp has expired, you cannot re-enter the U.S. with only an extension approval. Export to Sheets |
How to Apply for E-2 Visa Extension
There are two ways to apply extend your status:
Option One: Exit the Re-enter United States
You can receive an automatic extension of stay by exiting and re-entering the United States, as long as your E-2 visa is still valid and you adhere to all requirements that the visa was granted to you. Upon reentry, U.S. Customs and Border Protection (CBP) will typically grant you a new 2-year period of stay, even if your visa is set to expire soon.
Important: While leaving and re-entering the country is a viable way to obtain a new period of authorized stay on an E-2 visa, it is not without its risks. The decision of whether to rely on this method or to file a formal extension with USCIS should be made carefully, considering the specific circumstances of your business. Reach out to an immigration lawyer for more information.
Option Two: File for an extension of stay
This option is best if you do not plan on traveling out of the U.S. before the expiration of your visa. E-2 visa extensions are granted in increments of 2 years.
To file for an extension of stay, you must submit the following forms and supporting documentation with USCIS:
- Form I-129, Petition for Non-immigrant Worker
- Form I-539, Application to Extend/Change Nonimmigrant Status – Your dependents (spouse and unmarried children under 21) will each need to have Form I-539 filed on their behalf.
- Copy of Form I-94 Arrival/Departure document
- Copy of original Form I-797, Notice of Action (if status was previously extended or approved)
- Copy of passport plus E-2 visa
- Employer letter demonstrating why an extension is required
- Copies of personal and business tax returns (prior 2 years) plus payroll tax returns
Grace Periods and Work Authorization While Pending:
- If you file the extension before your I-94 expires, you can still work for 240 days pending the decision.
- If you file after expiration, you can remain for up to 40 days pending the decision, but cannot work during this time.
- If you don’t receive a response in those 40 days, you’ll be required to stop working and leave the U.S.
How to Apply for E-2 Visa Renewal
When your E-2 status is nearing the end of its authorized period, or your visa is expiring, you have two distinct paths to continue operating your business in the U.S.
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Visa Renewal (Abroad): To get a new E-2 visa stamp, you must apply at a U.S. consulate outside the country. If approved, this grants you a new visa in your passport (often valid for 5 years), which permits you to travel to the U.S. and request admission. Each time you enter, you are typically granted two years of authorized stay.
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E-2 Visa Extension of Stay (In the U.S.): If you are inside the U.S., you can apply to extend your status by filing a petition with USCIS. If approved, this grants you a new period of authorized stay for up to 2 years. Crucially, this does not give you a new visa. If you travel abroad after your original visa has expired, you must complete the visa renewal process at a consulate before you can return.
There are numerous documents that must be submitted for a renewal. In fact, this is a very complex area of U.S. immigration law, and it is advisable to contact an experienced attorney to make sure that your application is submitted correctly. One of the main assessment factors in your renewal will be the performance of your U.S. venture and the need for you to be physically present in the U.S.
E-2 Visa Renewal Costs
Renewing the E2 Visa from abroad:
- Filing Form DS-160: $315
- Dependents: Each member of your family must complete their own DS-160 application. The $315 fee is per person, so you must pay it for yourself, your spouse, and each child applying for a derivative E-2 visa.
Extending E-2 Status Within the U.S. (Filing with USCIS)
- I-129, Petition for a Nonimmigrant Worker: $1,015 plus additional fees
- Small Employer or Nonprofit: $510
- Dependents: General Filing is $420, paper filing fee is $470
Asylum fees
- Regular fee: 600
- Nonprofit: $0
- Small Employer: $300
Applicants for E-2 CNMI investor nonimmigrant status under 8 CFR 214.2(e)(23) may be eligible for a Fee Waiver.
E-2 Visa Extension Requirements
To receive a new E-2 Visa, you must fulfill the E-2 Visa Extension requirements:
- Continued Investment: Your initial investment must remain actively used to fund business operations.
- Non-Marginal Business: The enterprise must do more than just support your family. You prove this by showing it generates significant revenue or employs U.S. workers.
- Active Participation: You must be actively managing and developing the business, not just passively owning it.
- Intent to Depart: You must formally affirm your intention to leave the U.S. when your E-2 status eventually ends.
- Evidence of Operations: Provide key documentation, including business tax returns, financial statements, payroll records, bank statements, and current contracts.
What To Do If Your E-2 Extension is Denied?
As long as you comply with the renewal requirements, it is unlikely that your E-2 visa extension will be denied. However, some E-2 holders fail to successfully extend their visas.
For example, it is extremely unlikely to get your 2-year extension denied at the border. Border control officers frequently deal with these types of renewals, and unless you have broken U.S. laws or immigration regulations, you should not be denied. If you do encounter difficulty renewing your visa at the border, you can still use the second option and submit Form I-129.
Let’s suppose you are in the worst-case scenario, and your renewal or extension gets denied. The first thing that you should know is that, along with the denial notice, you will receive a detailed statement outlining the reasons for the denial. Depending on the denial reasons, you will have to fill out Form I-290B and either of the following:
- File an appeal with the Administrative Appeals Office.
- File a motion to reconsider the USCIS decision; or
- File a motion to reopen the USCIS decision.
Check out this guide on How to determine if an E-2 visa is suitable for you!
Common Reason for E2 Renewal Denial
One of the most common reasons for E-2 Renewal denial is due to the marginality requirement. Marginality states that the business must be profitable beyond solely providing for the owner and their family. The U.S. government wants business immigrants to contribute to the economy, and one way to do so is by creating jobs. Especially when you have been running a business for 5 years, you must have been able to scale it enough to afford to employ several workers.
This is the biggest reason why renewal applications get rejected – the lack of proof that they are beyond marginality. An experienced immigration attorney would be able to help you gather and provide enough evidence and supporting statements to satisfy this requirement.
E-2 Visa Frequently Asked Questions
Below are some frequently asked questions regarding the E-2 visa, E-2 visa renewal or extension:
Are there restrictions on my ability to travel while on E-2 visa?
One of the fortunate things about the E-2 visa is that there aren’t any travel restrictions imposed (i.e., number of times you are permitted to leave and re-enter). USCIS also doesn’t specify the amount of time you can stay abroad before having to return.
Who can study on a E-2 visa, main applicant or family members?
You are permitted to study on an E-2 visa but cannot join a full-length program like those on F1 as long as it doesn’t harm the primary interest of your visa. Also, your children and your spouse are eligible to study in the U.S. without any additional visas or applications.
Am I allowed to change status while on E-2?
Yes, you can apply for a change of status by submitting Form I-129, Petition for Nonimmigrant Worker, or Form I-539, Application to Extend/Change status.
What is the processing time for an extension or approval?
Normally, it ranges from 2 to 4 weeks from the filing of the application. Be aware that this can vary depending on the workload in the U.S. Consulate and U.S. processing centers. However, due to the number of forms that you must submit, your wait times could be longer or shorter depending on the form.
When is the best time to apply for the extension?
It’s ideal to file the E-2 visa extension before the I-94 expires. If you file the extension before your I-94 expires then you can still work for 240 days pending the decision, whereas if you file after the expiration, you can stay only 40 days pending the decision.
Can spouse and children work in the country while I’m on E-2?
You can bring both spouse and dependents (under 21) to the country while on E-2 visa and they would be able to work in the U.S. They would have to receive EAD and apply for a Social Security Number.
Can I apply for a Green Card while on E-2 status?
You can apply for a Green Card assuming you meet the right qualifications. There are a few general paths to obtain a green card. The first is the EB-1 route. If you are an “Alien of Extraordinary Ability”, or “Multi-manager or Executive” you can opt for this route. The second way is through a Family- Based Immigration Green Card. If you have a close relative in the United States, it’s wise to explore this option.
Consult a qualified Green Card Lawyer to learn more about these paths to citizenship or E-2 visa renewal steps.
How an E-2 Attorney Can Help
An E-2 visa attorney can help you file an E-2 visa renewal or extension based on the USCIS guidelines. During your extensive consultation, VisaNation Law Group will explain which course of action will suit your case best.