Home - E2 Visa Renewal and Extension Process and Procedure
The complete guide to the E2 visa renewal and extension process. Everything you need to know, from the fees to timelines, success rates, and more. Consult today to avoid denial.
E2 visa is typically issued for a period of up to two to five years and can be renewed or extended as needed. Failure to renew or extend the visa on time can result in losing the ability to work and live in the US and can lead to deportation.
To obtain a renewal for your E2 visa, you must demonstrate compliance with the visa terms and show that your E2 company still meets the visa requirements, including:
Proof of the E2 investment has been successful and marginal
You must provide evidence such as tax returns, financial statements, and bank records. This proof should demonstrate that the investment is active and generating revenue. The primary indication of marginality can be the actual performance of the business and the data on employed workers, which you must also present.
Proof that the initial investment funds have not been withdrawn
You must provide evidence of a financial statement. The E2 company remains a legitimate and bona fide operation. You show that you own at least 50% of the E-2 company or have operational control through a managerial position or other corporate devices. To demonstrate your commitment to the business, you can provide evidence of having invested additional capital with a clear plan for its productive deployment. It is also important to include an updated business plan showcasing how this capital will be utilized to enhance the performance of the business.
Current status and validity of the E2 visa
You must ensure that your current E2 visa is still valid and has not expired. If the visa has expired, you must leave the US and apply for a new visa from a US consulate abroad. Besides that, you must show that you have sufficient ties to your home country, such as a place of residence, to demonstrate that you do not plan to stay in the US indefinitely.
When renewing an E2 visa, having minimal revenues or no employees in the E2 company can be challenging, as it increases the risk of the business being classified as marginal. To overcome this hurdle, the applicant must present credible evidence that outlines a plan for how the business will improve and no longer be considered marginal. Meeting these requirements is essential for a successful E2 visa renewal application.
There are two ways to apply for an E2 visa renewal:
Applying for renewal in the US: You can apply for an E2 visa renewal by filing Form I-129 with US Citizenship and Immigration Services (USCIS). This form should be filed before the expiration date of the current E2 visa. The application should include all necessary supporting documents, such as proof of continuing investment and financial solvency.
Applying for renewal at a US consulate abroad: You can also apply for an E2 visa renewal by visiting a US consulate abroad. This option may be preferable for you who are already outside of the US and cannot return before your current visa expires. The application process typically includes an interview with a consular officer, who will review the application and supporting documents.
Regardless of the chosen option, submitting a complete and accurate application with all required documents is important. Incomplete or inaccurate applications may result in delays or denials.
In order to renew an E2 visa:
You must electronically submit a Form DS-160 to the Department of State.
Pay a filing fee of $205 per applicant.
Fill in the DS-156E form.
The specific documents required and the order of presentation will vary depending on the consular office being used. Showcase that you have met all the requirements.
Additionally, you must attend an E2 visa interview at a US consular.
The timeline for E2 visa renewal can vary depending on the specific circumstances of the applicant. It is recommended to begin the renewal process as early as possible to ensure adequate time for processing and potential delays.
When applying for renewal in the US, Form I-129 processing times can range from a few weeks to several months, depending on the workload of USCIS. Additionally, consular processing times for renewal applications at a US consulate abroad can vary depending on the consulate and the applicant’s location.
You do not necessarily have to leave the US to renew your visa. As mentioned above, renewal applications can be filed with USCIS while in the US. However, it is important to note that individuals with expired visas who are outside of the US may need to obtain a new visa before returning to the US. If an individual’s visa has expired and they are already outside of the US. They should consult with their immigration attorney or the nearest US consulate for guidance on how to proceed.
Once your E2 visa period is over, you can apply for an E2 visa 2-year extension. The E2 visa extension requirements are the same as the E2 visa renewal. Here are the documents required to apply for an E2 visa extension:
Form I-129: A petition for nonimmigrant workers.
Form I-539: A form for family members to extend or change their nonimmigrant status.
I-94: An arrival and departure record.
Original I-797: If you have extended your E2 visa in the past.
Copy of passport and E2 visa.
Letter explaining why you need an extension.
Copies of personal and business tax returns for the past two years.
Proof of maintaining nonimmigrant status.
Proof of physical presence in the US.
The ideal time to apply for an E2 visa extension is at least six months before the expiration of your visa. This allows for sufficient processing time and avoids the risk of the visa expiring before the extension is approved. The fees for an E2 visa extension depend on the type of application and processing location. The filing fee for the I-539 is currently $370. If applying at a US consulate, the fees may vary depending on the location.
The success rate for an E2 visa extension is generally high if the applicant meets all the requirements and provides complete and accurate information. However, USCIS may deny an extension if they determine that the applicant no longer qualifies for the visa or if there is insufficient evidence of continued investment in the US.
Several factors can impact the success rate of E2 visa renewal or extension, including:
Compliance with visa requirements: It is essential to comply with all visa requirements, including maintaining the minimum investment level, employing US workers, and conducting business activities consistent with the visa’s purpose.
Business performance: The performance of the business can impact the success rate of E2 visa renewal and extension. USCIS or the US consulate may request evidence of the business’s financial stability, such as tax returns, financial statements, or bank statements.
Evidence of continued investment: Providing evidence of continued investment in the US can increase the success rate of E2 visa renewal and extension. This can include documentation of the new investment, expansion of the business, or hiring additional US workers.
Some tips for increasing the success rate of E2 visa renewal and extension:
Plan ahead: It is essential to plan ahead and apply for renewal or extension well before the current visa expires to allow sufficient processing time.
Hire an E2 visa consultant to help you prepare all of the required documents.
Maintain compliance: Individuals should ensure they comply with all visa requirements and maintain accurate records of their business activities in the US.
Prepare comprehensive documentation: Providing comprehensive documentation that demonstrates compliance with visa requirements, financial stability, and continued investment in the US can increase the success rate of E2 visa renewal and extension.
E2VisaFranchises.com can assist you in determining when to renew or extend your E2 visas while providing you with the right guidance. Our team can help you gather the necessary documentation, complete the application forms, and submit the application package to USCIS or the US consulate. Additionally, we provide personalized service and work closely with our clients to ensure that their applications are completed accurately and on time. Additionally, our company has a high success rate in obtaining E2 visas for our clients, which can save you time, money, and stress. Consult today.
Yes, it is possible. There are two approaches to obtaining a green card. You can file a 1-129 petition for an E-2 visa change status or you can opt for a change via consular processing.
You can renew it for unlimited times as long as the business is growing.
If they are planning to stay in the United States, they need to apply for other visa such as student visa.
Any information contained in this website & chat is provided for general guidance only, not intended to be a source of legal advice. Prior success does not guarantee same result.
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