US Business Immigration lawyers are oftentimes asked about the E2 Visa Renewal Process. This video provides an overview of the process.
The Initial Validity Period of the E2 Visa
When your E2 Visa is initially issued, you usually need to start thinking about the renewal process right away. This is due to the fact that the initial E2 Visa validity period is relatively short(typically two years).
Why is the E2 Visa Initial Validity Period Short?
The US consulate in London has explained the reasoning behind the relatively short two year validity period for the E2 Visa. They stated that they issue the first E2 Visa for two years because most of the businesses that they see initially are “relatively small and small businesses are volatile and often do not exceed.” It is hard to argue with this reasoning. The harsh reality is that most small businesses do in fact fail. As an E2 investor you should be aware of this fact and focus on becoming profitable as soon as possible.
Two Options for Renewal and Extension
When you desire more time on your E2 Visa, you will have the option of extending it through USCIS or by traveling abroad and re entering the US.
USCIS Extensions From Within the US
For USCIS extensions that are requested from within the US, you will file:
-Form I-129(petition for nonimmigrant worker)
-Form I-539(application to extend or change nonimmigrant status) for dependents
-Your I-94(arrival and departure record)
-Your original I-797(if your E2 visa has been extended in the past)
-Copy of your passport including your E2 Visa
-Letter explaining why an extension is required
-Copy of business and personal tax returns for the past two years
-Proof that you have maintained your nonimmigrant status
-Proof that you are physically present in the US
Supporting Documentation at the time of E2 Visa Renewal/Extension
Regardless of whether you extend through USCIS or renew through the Consulate, you will have to prove that you still meet the requirements of the E2 Visa. The basic requirements of the E2 Visa for an investor are that:
-You made a substantial investment in a commercial enterprise in the United States
-The investment is “at risk” which means that it is subject to partial or total loss
-Your invested funds were lawfully obtained
-The business is not marginal
Marginality is oftentimes a Problem for E2 Visa Extensions
One problem that E2 Visa holders oftentimes encounter at the time of extension relates to the issue of marginality. The marginality requirement basically means that your business cannot solely support you and your family. At the initial stage in the process, you can use projections to demonstrate that you will need employees. However, once you have been operating your business for a period of time, the US government will be less likely to accept projections. They will want to see concrete proof that your business is growing, generating revenue and employing US workers.
If your business does not yet have sufficient revenue to employ workers, then you will have a hurdle to overcome. One popular way to overcome this hurdle is to infuse more capital into the business. If you invest additional capital, you can provide proof of the investment through bank documentation. You will also have to provide documentation that demonstrates that the funds were lawfully obtained. Finally, you will have to show that the funds are committed to the enterprise and specify how the funds will be used. This can be accomplished by presenting an updated comprehensive business plan.
Timing of the E2 Extension through USCIS
A lot of people ask if they will be able to run their business after the I-94 expires while their I-129 is pending. The good news is that you will be able to continue running your business while the petition is pending. When you file for an extension before the I-94 expires, you are automatically given an additional 240 days. However, if you file after the I-94 expires, you can stay only 40 days pending the decision.Therefore, it is in your best interest to file your E2 Visa extension before your I-94 expires to avoid the scenario of you having to leave the US while your wait for your petition to be adjudicated.
Applying for an E2 Visa Renewal at the Consulate(The Preferred Method)
Most business immigration lawyers advise their clients to renew through the consulate.
Those who wish to renew their E2 visa through a US consulate abroad may do so by following these steps:
-Submit form DS-160
-Pay the DS-160 fee
-Complete the DS-156E and organize supporting documents
-Present documents(showing that you still meet the requirements of the E2 Visa)
-Attend an interview at the consulate
If you have any questions about E2 Visa renewals and extensions please feel free to reach out to me directly by leaving a comment or by texting me at 9802243526.
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