Renewing your E-2 visa is essential for maintaining your ability to live and work in the United States. Here’s what you need to know:
VALIDITY AND AUTHORIZED STAY
The validity period of an E-2 visa ranges from three months to five years, depending on your nationality and the reciprocity schedule. Regardless of the visa’s validity, each entry into the U.S. grants a two-year period of authorized stay as indicated on your I-94 form. If your authorized stay is expiring, you can either depart and re-enter the U.S. or apply for an extension of status with USCIS
WHEN TO RENEW
Start planning your renewal well in advance. You can apply for renewal up to six months before your visa expires. Early planning ensures you meet all requirements and avoid last-minute issues that could disrupt your stay and business operations.
REQUIREMENTS TO RENEW
Renewing your E-2 visa involves providing various documents, similar to your initial application. Key requirements include:
- Form DS-160 Confirmation Sheet
- Form DS-156E application
- Payment receipt for the MRV fee
- Detailed job description
- Notice of Action letter (if previously extended)
- Copies of passport and any U.S. visas, entry/exit stamps, and I-94
- Form I-129 (Petition for Nonimmigrant Worker)
- Business tax returns and profit/loss statements
- Proof of substantial investment and that funds are at risk
- Evidence of a bona fide source of investment funds
- Payroll and financial statements
- Proof of physical presence in the U.S.
DEPENDENTS
E-2 visa holders can include their spouses and unmarried children under 21 as dependents. Dependents must apply for an extension of stay and provide necessary supporting documents. They do not need to invest or work in the E-2 business. Some dependents now have work authorization incident to status and can work for any employer.
APPLICATION FOR EXTENSION OF STATUS
If you do not want to leave the U.S. for renewal, you can apply for an extension of status with USCIS in most cases by filing the necessary forms to receive a new I-94 form with updated authorized stay dates. This ensures you remain in compliance with U.S. immigration laws.
ACTIONS TO TAKE IF DENIED
If your E-2 renewal is denied, the most common issue is failing to meet the marginality requirement. The business must generate sufficient income to support the investor and contribute to the economy. If denied, you can:
- File an appeal with the Administrative Appeals Office
- Submit a motion to reconsider the decision
- File a motion to reopen the decision
For guidance on renewing your E-2 visa, contact SRR Law Group LLC at 507-580-7374 or stacey@srrlawgroup.com to schedule a consultation. Our experienced immigration attorneys can help you navigate the renewal process and address any issues that may arise.
Want to read more? Read our comprehensive overview of the E-2 visa process.
