The E-2 treaty investor visa holder is allowed to stay in the United States for a maximum of two years, but there are two options in which to extend the visa:
- If the treaty investor travels outside the United States, the investor will be granted re-admission for a one year period. It is typically not required to submit a new Form I-129.
- If the treaty investor has remained in the United States until the date of expiration, the investor must contact USCIS Texas or California Services to apply for an extension. ...
Full Answer
Can an E-2 visa holder travel abroad?
As discussed above, the E-2 treaty investor or employee may travel abroad and will generally be granted an automatic two-year period of readmission when returning to the United States.
What are the requirements for an E2 visa?
The following section discusses the E2 Visa requirements in detail. In order to qualify for an E2 Investor Visa, your country of nationality must have an E2 Visa treaty with the USA. Fortunately, many major countries have such a treaty.
What happens when your E-2 visa expires?
All E-2 nonimmigrants, however, must maintain an intention to depart the United States when their status expires or is terminated. An E-2 nonimmigrant who travels abroad may generally be granted, if determined admissible by a U.S. Customs and Border Patrol Officer, an automatic two-year period of readmission when returning to the United States.
Which countries have an E2 visa Treaty?
Fortunately, many major countries have such a treaty. The countries that have the E2 Visa Treaty in place include Canada, the United Kingdom, Japan, Spain, France, Australia, Mexico, Israel, Ireland, Germany, South Korea, New Zealand, Italy, Pakistan, Turkey, Egypt, Philippines, Argentina and many more.
How to notify USCIS of an E-2?
Where there has been such a substantive change, the treaty investor or enterprise, if it wishes to continue to employ the alien in E-2 status, must notify USCIS by filing a new Form I-129 with fee , and may simultaneously request an extension of stay for the treaty investor or affected employee. The Form I-129 must include evidence to show that the treaty investor or affected employee continues to qualify for E-2 classification. An employer who no longer employs an E-2 nonimmigrant is urged to inform USCIS of this upon termination of the E-2 nonimmigrant’s employment.
What is the purpose of filing an I-129?
If the treaty investor is currently in the United States in a lawful nonimmigrant status, they may file Form I-129 to request a change of status to E-2 classification. If the desired employee is currently in the United States in a lawful nonimmigrant status, the qualifying employer may file Form I-129 to request a change of status to E-2 classification on the employee’s behalf.
How long can an E-2 stay in the US?
Qualified treaty investors and employees will be allowed a maximum initial stay of two years. Requests for extension of stay in, or changes of status to, E-2 classification may be granted in increments of up to two years each. There is no limit to the number of extensions an E-2 nonimmigrant may be granted. All E-2 nonimmigrants, however, must maintain an intention to depart the United States when their status expires or is terminated.
What is investment in a treaty?
investment is the treaty investor’s placing of capital, including funds and/or other assets, at risk in the commercial sense with the objective of generating a profit. The capital must be subject to partial or total loss if the investment fails. The treaty investor must show that the funds have not been obtained, directly or indirectly, from criminal activity. See 8 CFR 214.2 (e) (12) for more information.
What is an executive or supervisory role?
Duties that are of an executive or supervisory character are those which primarily provide the employee ultimate control and responsibility for the enterprise’s overall operation, or a major component of it. See 8 CFR 214.2 (e) (17) for a more complete definition.
What is special qualification?
Special qualifications are skills and/or aptitudes which make the employee’s services essential to the efficient operation of the treaty enterprise. There are several qualities or circumstances that could, depending on the facts, meet this requirement. These include, but are not limited to:
How much ownership of an investment enterprise is required to enter the United States?
Be seeking to enter the United States solely to develop and direct the investment enterprise. This is established by showing at least 50% ownership of the enterprise or possession of operational control through a managerial position or other corporate device.
What happens after filing an E2 visa?
After filing the E2 Visa application, the adjudicator will apply a proportionality test to your investment. Using this test, they will determine if you have invested enough money to make your particular business a success.
How to protect money from a visa denial?
You can protect yourself by placing part of your investment in escrow. This escrow agreement will contain the sole condition that the money will be released only if the E2 Visa is granted.
What is the requirement to get an E2 visa?
In order to qualify for an E2 Investor Visa, your country of nationality must have an E2 Visa treaty with the USA.
How long is an E2 visa valid?
For some countries, your E2 Visa will be valid for a few months and one entry into the USA. For others, your E2 Visa will be valid for several years and unlimited entries.
What is the most frequently asked question on E2 visa?
The most frequently asked E2 Visa question is — “how much do I have to invest?” This is understandable. It would certainly be my first question. The answer to this common question depends on the business that you are starting.
What is a bona fide business?
The US foreign affairs manual defines a bona fide business as one that is “a real and active commercial or entrepreneurial undertaking, producing some service or commodity.”
How to determine if an investment is large enough?
Next, they will compare that number to investment you have made. To determine if your investment is large enough, they use a sort of inverse sliding scale.
Adan G. Vega
If the E-2 that has been issued by the U.S. consulate is for multiple entries , you can travel abroad and return to the U.S. several times during the validity of the visa. If the E-2 visa is a single entry visa, you will have to return to the U.S. consulate and apply again when you depart the U.S.
Anna Danielian
You can definitely travel with your E-2 visa, as often as you wish. You just need to come to the US often enough and stay long enough for the CBP not to question your intent to be in the US to "direct and develop". There are no restrictions on traveling with E-2...
F. J. Capriotti III
My colleagues are correct ... you only have an E-2 I-94 ... not a visa. If you go home, you all need to apply for visas at the US Consul. NOTE: The E is unique in that you need to make a FULL application at the Consul ... merely showing the CIS approval isn't enough...
Pascal Christopher Schunk
I agree with my colleague. You currently have E2 status and you will have to apply for your visa at the US Embassy in order to return. Contact a US immigration attorney for assistance prior to leaving the US.
Giacomo Jacques Behar
USCIS cannot issue "visas". Only US consulates abroad can. What USCIS issues instead is "status", in case of an E-2, for just 24 months at a time.
What is a U.S. Visa?
A citizen of a foreign country who seeks to enter the United States generally must first obtain a U.S. visa, which is placed in the traveler’s passport, a travel document issued by the traveler’s country of citizenship.
Find out what visa type is appropriate for you
The type of visa you must obtain is defined by U.S. immigration law, and relates to the purpose of your travel.
Visa Appointment Wait Time
A wait time listed as "999 calendar days" indicates that the Consular Section is only providing that service to emergency cases. Please check the Embassy or Consulate website for further information.
