E2 Visa Renewal Process and Processing Time

In this article we discuss the E2 visa renewal process and processing times. Are you an E2 visa holder approaching your expiration date? Wondering how to renew or extend your stay in the US? Several factors can influence your E2 visa renewal including ability to travel and time constraints.

E2 visa holders facing expiration have two renewal options: applying for a new visa at a US Embassy or Consulate abroad (consular renewal) or filing an extension application with USCIS while in the US. This article explores both options in the E2 visa renewal process.

Understanding Your E2 Visa Renewal Options

The E2 visa renewal process depends on your specific situation.

Here’s a breakdown of the most common scenarios:

Consular E2 visa renewal process

While some E-2 holders qualify for renewal with USCIS, consular processing allows for renewal abroad at a U.S. Consulate or Embassy, which is ideal for obtaining a visa stamp.

Here, we break down the consular E-2 visa renewal process into clear steps:

1. Partner with an E2 visa expert. Hire an experienced immigration lawyer specializing in E-2 visas. Their knowledge and expertise are invaluable throughout the process.
2. Craft a winning case strategy. Collaborate with your attorney to develop a strong case that highlights your ongoing investment and business success.
3. Gather supporting documents: Gather all required documents, including financial records, IRS business tax returns, personnel records, proof of ongoing investment, and evidence of your role in developing and directing the enterprise.
4. Prepare and submit your application to the U.S. Consulate: Your lawyer prepares and files your E-2 renewal application package with the U.S. Consulate in your home country.
5. Prepare for your renewal interview: Your attorney can help you anticipate potential interview questions and guide you on effectively presenting your case. Be prepared to discuss your business operations, future plans, and continued compliance with the E-2 visa requirements.

E2 visa Renewal at USCIS: Renew or Extend Your Status in USA

Maintaining your E-2 Treaty Investor Visa status in the U.S. is crucial for continued business operations.

Unlike consular processing which occurs abroad, USCIS allows for E2 visa renewal within the United States by filing an extension of stay petition. This option is ideal for E-2 visa holders who already reside in the U.S. and wish to avoid travel for renewal.

In other words, you can renew your E2 visa in US through extension of stay at USCIS. Here are all the steps for USCIS E2 visa renewal process:

1. Consult an Immigration Attorney: Consult an experienced E2 visa lawyer about your renewal and extension of stay at USCIS.
2. Verify Eligibility: Not all E-2 visa holders qualify for USCIS renewal. You must be in valid I94 E2 status to be able to extend your stay at USCIS. Work with an E2 visa lawyer to confirm your eligibility based on your specific situation.
3. Gather Supporting Documents: Gather all required documents, including valid E2 visa and passport, Form I-94 Arrival/Departure record, IRS business tax returns and financial records, personnel records, proof of ongoing investment, future plans and evidence of your role in managing and developing the enterprise.
4. Prepare Form I-129 and Supporting Evidence and File Your Petition with USCIS: Your lawyer completes Form I-129, Petition for Nonimmigrant Worker, along with Supplement E and cover letter and detailed supporting evidence that confirms you meet the E-2 visa requirements. Then, you file the E-2 renewal petition package with the designated USCIS office.
5. Await Your Decision: The timeframe for USCIS to process your E-2 renewal application depends on the service option you selected (regular processing or premium processing). If USCIS approves your E-2 renewal petition, you receive an approval notice with an enclosed Form I-94 reflecting your extended E-2 visa status (E2 visa I94 extension). There is no interview required for E-2 extensions through USCIS.

When to renew E2 visa? Timeline

When should you initiate your E-2 visa renewal process? The ideal filing period for your E-2 visa renewal application or extension is between 90 and 180 days (3-6 months) before your current E-2 visa or status expires.

The E2 visa extension filing period with USCIS is up to 6 months prior to the expiration of your E2 status. You cannot file for extension of stay with USCIS more than 6 months prior to your I94 expiration.

This timeframe offers several advantages:

Renewing your E-2 visa at the very last minute can be stressful and increase the risk of delays or denials. By acting proactively within the recommended filing window, you can navigate the renewal process efficiently and maintain uninterrupted business operations in the U.S.

E2 visa renewal processing time

Processing times for E2 visa renewal can vary depending on your chosen route: consular processing abroad or extension of stay within the U.S. through USCIS.

Renewing your E-2 visa at a U.S. Consulate abroad typically takes 2 to 6 months, with fluctuations depending on the consulate’s workload.

If eligible, renewing your E-2 visa through USCIS within the U.S. offers potentially faster processing:

E2 visa renewal fees

Malescu Law can assist

By following these steps and working with an experienced immigration lawyer, you can significantly increase your chances of a successful E-2 visa renewal.

Our experienced E2 visa lawyers have successfully assisted clients throughout the E2 visa renewal process. If you are looking to renew your E2 visa, contact us or schedule a consultation.

We serve companies and individuals across all 50 states, the District of Columbia and Puerto Rico.

Malescu Law P.A. – Business & Immigration Lawyers