E-2 is beneficial in the way that we can renew it and extend it for a period. E-2 company and E-2 investor is not bound to the limitations that how many times renovation of E-2 is done. But one thing that must be in mind is that the E-2 company must be fulfilling all the requirements of an E-2 visa.
Here we will provide you the detailed guideline, you can also email us at [email protected] for the E-2 renewal. It would be a pleasure for me to assist you regarding the E-2 renewal procedure and details.
Outlines
- Extensive description of E-2 Visa and Status
- Renew and Extension requirements for E-2
- E2 Visa Renewal Application procedure E2 Visa
- How to file an Application for the Extension of E-2
Extensive description of E-2 Visa and Status
E-2 visa falls in the non-immigrant category it permits you to make an investment in any of the US Businesses you want to go for. An E-2 visa also permits you to work there for the business you wanted to stand out. It is also mandatory for an E-2 application that you must belong to a country that has an E-2 treaty with the US. The number of countries that falls in the e-2 treaty categories of the USA is 80.
What is the difference between Visa and Status?
Usually, there are many questions that arise, but one basic question is ‘’ for what tenure does my E-2 have validity’’?
The first thing I will explain to the candidate being an immigration lawyer is the difference between visa and status. In Order to distinguish between visa and status, one must know its basics.
Visa: A visa is an endorsement document that permits one to enter the United States. And permit to stay there for a specified period.
Status: It is defined as how long you will be going to stay there in the United States. And what permissions are allowed to you during your stay?
Description of How This Works by giving an Example
Most of the countries provide 5 years validity of it with multiple entries in a country. This signifies that the bearer of an E2 visa may enter the country (USA) for a duration of 5 years. Multiple entries signify that the E2 visa holder can enter the United States multiple times.
If the visa notifies the “single entry” it means that only E2 visa holders can enter for a single time in the country. As, it is not limited that the holder of a 5-year E2 visa, will stay in the United States continuously for 5 years. A person entering the USA with an E-2 visa will be granted 2 years of E2 status. It implies that E-2 visa holders can stay in the country for up to 2 years of period.
There are two options for E2 visa holders before the completion of the 2-year period either
1) Leave the country and then re-entering the state with a valid visa or
2) you can file the ‘’extension of status ‘’ application.
What is the validity of an E-2 Visa?
The citizenship of the country determines how long the E-2 visa is valid. Every country has its own terms and conditions for visa
Example
Jordan: The E2 visa holder for the country Jordan is allowed to enter the USA within 3 months of the period. And it is a single-entry visa. It means that the E-2 visa holder from Jordan can enter the USA 1 time and entry must be within the 3 months of receiving the E2 visa (within the validity period). Once they enter the US, they will be given the status of 2 years for the E-2 visa.
Italy: On the other hand, if we consider the E2 visa from Italy as a multiple-entry visa with a 60-month validity period. This suggests that someone having an E2 visa from Italy can enter the United States repeatedly using their E2 visa. They are also allowed to stay in the country for up to 5-years. Upon every entry into the US using their E2 visa, they receive E2 status for up to 2 years.
What conditions apply to an E2 visa in my nation?
By visiting the U.S. Department of State website and clicking the U.S. Visa Reciprocity link, you can determine the E2 visa requirements for your nation.
Renew and Extension requirements for E-2
In general, you must continue to meet all the requirements in order to get the renewal and extension of E-2.
These are the significant requirements to qualify for an E2 visa on an initial basis:
- You must belong to a country who have an E-2 treaty with that country.
- You must invest a significant amount of capital in a US company (we typically recommend at least $100,000).
- Your business must be running actively and is a profitable business.
- When your E2 status ends you must be prepared to leave the country
- Your investment capital must be at-risk.
- Your E2 business is not a marginal business.
- Your E2 business must be direct and developed by you
- Your investment funds must be gained legally.
Special particulars for E2 Visa Renewal
Investment is one of the primary areas of focus when applying for an E2 visa. The immigration official who is looking into your case wants to know that you invested “substantially” in the E2 company, that your investment is “at risk,” and that the money you invested was obtained legally.
The emphasis turns away from the investment and onto the operation of the business when you apply for your E2 visa renewal. You do not need to add more money to the E2 business in order to be eligible for an E2 visa renewal. However, you must show that your E2 firm complies with the E2 regulations moving forward. Below, I’ll go over how this applies.
Marginality Requirement
- You must prove that the E2 company won’t be a marginal enterprise when you initially seek an E2 visa.
- A marginal enterprise is essentially a company that only makes enough money to pay the E2 investor’s basic living expenses and those of their family.
- You must demonstrate that the company won’t be a marginal enterprise when you first seek an E2 visa.
If the company is a start-up, you should typically include a business plan with Pro-forma future estimates for the business’s performance to demonstrate that the company won’t be a marginal enterprise. Generally, you can no longer rely on future estimates when submitting an application for an E2 visa renewal. The company has probably been in operation for a number of years by the time the E2 visa needs to be renewed. Therefore, at this point, the major indicator of whether the business is a marginal enterprise is its actual performance. To ascertain whether the business is not a marginal enterprise, the immigration official examining your case will look at the company’s historical performance. You must submit the company’s prior financial statements to meet this criterion. The business should be making more than enough money, according to the financial papers, to support the E2 investor and their family. As an alternative, you should illustrate that the E2 company employs people, as this can also help to demonstrate that the company is not marginal. It may also be possible to demonstrate that the company is not marginal by combining proof of revenue and job creation.
When requesting an E2 visa renewal, it can be difficult if the E2 company has little revenue and/or no staff. This is due to the possibility that the company will be labelled a minor enterprise. To get beyond this obstacle, the E2 visa renewal applicant must offer convincing proof of the business’s future growth to the point where it will no longer be marginal.
One method to demonstrate that the company will grow is to show that you have invested more money in it and have a strategy in place for using it effectively. To show how the funds will be used to raise the performance of the company, a revised business plan should be added.
E2 Visa Renewal Application procedure E2 Visa
- You must electronically submit a Form DS-160 to the Department of State to renew your E2 visa.
- The current DS-160 filing fee for E2 visa renewals is $205 for each applicant.
A number of documents must be submitted with your request for the E2 visa renewal. The consular office you visit will determine the type of documents needed and the sequence in which these documents must be given.
Additionally, you must appear for an E2 visa interview at a foreign US consular facility.
How to file an Application for the Extension of E2
- You must send Form I-129 to USCIS in order to request an extension of E2 status.
- Right now, the I-129 requires a $460 filing fee.
You must provide several documentations proving your eligibility for an E2 extension of status along with Form I-129. These papers should attest to your compliance with the E2 requirements, your maintenance of your non-immigrant status, and your physical presence in the US at the time the E2 extension of the status request was submitted. You need to submit Form I-539 to request an extension for your E2 dependents.
Conclusion
The ability to renew an E2 visa is one of its advantages. An E2 visa may be renewed an unlimited number of times. You can apply for a new E2 visa or file a petition to extend your E2 status if you continue to meet the conditions for the E2 visa. Timing and planning are crucial when applying for an E2 visa renewal or an extension of E2 status. If possible, you should have a knowledgeable immigration lawyer manage this process.