E2 Visa Renewal and Extension Process and Procedure

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Proof that the initial investment funds have not been withdrawn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:

1. 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.

2. 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.