Last Updated on May 15, 2024 by Anda Malescu
What you need to know when filing for E2 visa renewal or extension?
In this article we provide a comprehensive overview of E2 visa renewal or extension, and answer frequently asked questions about everything you need to know when filing for E2 visa renewal or extension.
The key to a successful E2 visa renewal or extension is to plan in advance. If your E2 visa is expiring soon or you simply want to learn and prepare ahead of time for when that time comes, it is important to know that once the expiration date on your visa comes due, you need to renew or extend the E2 visa if you want to continue to live and work in the United States.
In order to renew your E2 visa, you must file for renewal prior to the time of expiration of your visa as stated in your passport. Please keep in mind that you must also remain compliant and extend your E-2 status every 2 years as stated in the I-94 record.
However, this article also highlights situations where an E2 extension is necessary even with a valid visa. This can be due to situations like travel restrictions (e.g., COVID-19) or when renewing the E2 visa itself becomes impractical or impossible.
Proactive planning is key to a successful E2 visa renewal or extension. This is why the moment you receive your initial visa, you should start planning your renewal. You can do so by familiarizing yourself with the renewal or extension requirements and setting achievable milestones to track your progress.
E2 visa validity and period of stay in US
US Consulates or Embassies grant E2 visas for an initial period that varies depending on your country of citizenship and the strength of your business plan.
The E2 visa validity can range from three months to five years depending on your nationality. Occasionally, the US Embassies abroad issue the initial E2 visa for less than the maximum validity period because small businesses can be volatile.
However, for successful E2 businesses, US Embassies abroad renew the visa for the maximum amount of time. This is the case with the United Kingdom. In the UK, the US Embassy typically issues E2 visas for UK citizens for three years, out of a maximum validity of five years. If the business demonstrates success, the E2 visa renews for the full five years.
E2 visa validity vs. period of stay
There is however, an important distinction to make: Do not confuse visa validity with your authorized period of stay in the United States.
It is important to remember that the status expiration date is different from visa expiration date.
Let’s consider an example: A Canadian citizen receives a 5-year E2 visa valid from July 15, 2023, to July 15, 2028. Upon entering the US on July 25, 2023, the customs officer grants them E2 status for a maximum of 2 years, reflected in their I-94 record with an expiration date of July 25, 2025.
The key point here is that while the E2 visa itself is valid for several years, your status (period of authorized stay) in the US is determined by the I94 expiration date. In this example, that is July 25, 2025.
To keep running your business as an E2 investor or employee beyond the expiration date of your status in US, you or your employer must extend or renew your E2 status before that date. On other words, do not rely solely on the visa validity period.
What to do to get a successful E2 renewal or extension?
Whether you file your E2 renewal or extension with the USCIS or at a US Consulate, the application is similar to your initial E2 visa application. However, to be successful, you need to emphasize and address certain aspects discussed below.
You also need to keep in mind that some US Consulate or Embassies abroad have a simplified process for E2 visa renewals or extensions. To ensure compliance with local procedures, we recommend reviewing the specific guidelines and required documents on the website of the US Consulate or Embassy where you plan to file your application.
The most important information for a successful E2 renewal or extension includes:
1. Jobs. Create jobs and hire US workers
One of the most important requirements for obtaining an E2 visa, both initially and for subsequent renewals, is that your E2 business hires US workers.
The business plan submitted with your initial E2 application outlines the hiring plan and what jobs and when are going to be created. If you have followed through with your hiring plans, and you have employed US workers according to your business plan, then you can show that you have successfully met the requirements for the E2 renewal or extension.
If, however, you have fallen short of your business plan and hired less US workers than initially projected, you can still argue that you have successfully met the requirements for renewal. However, it is also important to show how the business remains viable and the future hiring plans.
If you were not able to hire any employees and your business has been in existence for a couple of years, you need to include with your application a detailed explanation as to why you did not meet the hiring requirements, the circumstances surrounding your business activity, and what you will do to remedy the situation.
The amount of detail and explanation you need to include depends on how long the business has been in existence. If you have been managing the business for 5 years then you have more explaining to do compared to someone who only managed the business for 1 year before having to renew the E2 visa.
Additionally, if you intend to find a buyer to sell your business, or you have already found a buyer and they are in the process of securing financing, you can request an E2 renewal or extension to allow you to find a suitable buyer or obtain financing for the business while you continue managing it.
2. Provide Updated Financials and E2 Business Plan
If you were not able to meet the financial targets included with your initial E2 business plan and you did not hire any US workers, then you must include a new business plan that contains revised financial data and describes a new hiring plan to employ US workers in the future.
In addition to the hiring plan, the immigration officer looks at the other components of the business plan including the revenue targets, the marketing plan and any other changes to your business compared to your initial E2 business plan.
Revenue targets
The immigration officer reviews whether you have met your revenue targets as stated in the original E2 business plan.
To show the company’s revenue over the years, you must include with your E2 renewal application the federal IRS business tax returns for each year since the E2 was issued. Include copies of the signed and dated federal tax forms submitted to the IRS. State tax returns are not required.
In addition, you must provide copies of profit and loss statements for the current year and previous calendar years and all W-2, 1099s for independent contractors and/or payroll invoices.
If US federal tax returns are not available for the year in which you file the E2 renewal or extension (current year), then include copies of bank statements, profit and loss statements, audited financial statements and any other financial documents to prove the company’s financial performance.
Regarding revenue targets, it is important to show the immigration officer that you have met your revenue targets or even surpassed them. If this is not the case, then you must show that the company is viable and will be able to develop and hire US workers in the future.
However, if the company is operating at a loss or the business model does not appear to be viable, you must explain in detail why is the company experiencing losses or why the business model is viable and what is the company going to do to ensure profitability and a viable business that can sustain jobs for US workers.
However, even if the company is not profitable, it is important that you highlight in your E2 renewal application the successes the company has, including ability to pay vendors and contractors, hire part-time US employees, secure partnerships and financing, invest and purchase additional businesses for strategic acquisitions.
Successful implementation of marketing and sales plans
The immigration officer reviews if you have implemented your marketing and sales plans as indicated in the initial E2 business plan and their success over time.
It is important to show how your marketing and sales plan was implemented and the results it generated.
In addition, you must also include any future marketing and sales plan to improve the company’s performance as well as any changes to marketing and sales strategy, if applicable.
Finally, if you implemented the marketing and sales plan but it proved to be unsuccessful, you must show how will you change your marketing and sales effort to achieve the revenue goals for the company.
For a successful E2 visa renewal or extension, you must include evidence to show implementation and any success of your marketing and sales plan including customer reviews, publications about the company in trade journals and other reputable media in the field, company ratings, advertisements, participation at trade events and expos in the field and others.
However, if you did not implement the marketing and sales plan included in your initial E2 visa application, then you must include an explanation as to why you did not follow through with the plan and what will you do differently moving forward to ensure the success of the E2 company.
Changes in business operations
The immigration officer reviews the E2 renewal or extension application and business plan to see if there are any changes in the company’s operations.
If you operate the same or similar business for which you were initially approved the E2 visa, then you can submit evidence of any new investments, if any, in the business.
If you do not operate the same or similar business for which you were approved and there are substantial changes to the business and the operations of the E2 company, then it is important to contact an experienced E2 visa lawyer as soon as possible to assist you with your application as you may be considered a first-time investor.
3. Provide Evidence of Real and Operating Business
The immigration officer reviews the renewal or extension application to determine if the E2 business is operational and growing.
For a successful E2 visa renewal, you must show that the company is real and operating and include evidence that shows:
- Updated local, state and/or federal licenses
- Updated annual reports
- Customer lists, contacts and other similar documents
- Updated marketing and promotional materials, including updated website, domain registration, social media pages, advertisements and others
- Updated commercial lease
- Any future contracts and proof of payments and others
4. Provide Updated Ownership Structure
With the E2 renewal or extension you must include evidence that shows the current ownership structure of the company.
The ownership structure must remain compliant with E2 ownership requirements in terms of citizenship of the E2 business. The company must be at least 50% owned by a treaty country national.
For a successful E2 visa renewal, you must show that the company is owned by a treaty country national and include evidence such as:
- Articles of Incorporation or Organization or other similar documents
- Bylaws, Share Certificates, Operating Agreement or other documents to confirm ownership
Whether filed with USCIS or Consulates abroad, the E2 renewal and extension is a complex process. It involves a number of steps together with disclosure of extensive information, documents and detailed explanations and representations.
Do you need E2 visa renewal or extension?
How to renew or extend my E2 visa?
E2 visa holders can renew their visa at a US Embassy or Consulate abroad, or extend their status with USCIS if they are already in the US.
If your E2 visa is approaching its expiration date, you can file for renewal or extension at a US Embassy or Consulate abroad, or directly with USCIS if you are physically present in the United States.
The process for renewing or extending your E2 visa can vary depending on your circumstances. Several factors can influence how you renew or extend your E2 visa. However, being aware of your options is crucial to ensuring a successful E2 visa renewal.
E2 visa renewal or extension: Understanding your options
Your options for E2 visa renewal or extension are:
Key takeaways
The key takeaways when deciding how to renew or extend your E2 are:
Renewal vs. Extension and Potential Challenges
The most widely used option to renew the E2 visa is through the US Embassies and Consulates abroad.
This is the preferred option among most people because once the E2 visa is renewed they can travel in and out of the US without restrictions. Even more, if the E2 business is successful, US Consulates and Embassies renew the visa for the maximum duration, which can be up to 5 years for certain countries.
There is a crucial difference between renewing your E2 visa through consular processing and filing an extension or renewal with USCIS within the US. When you renew with USCIS, the resulting extension is not valid once you travel outside the US.
To reenter the US after a USCIS extension or renewal, you must file a new E2 renewal application with a US Consulate abroad to obtain a new visa.
When filing for renewal abroad the better route is to apply at the same US Consulate or Embassy where you first obtained your E2 visa because the specific Consulate has all the required information and documents on hand.
However, it is possible to apply for renewal at a US Embassy and Consulate other than the one you used for your initial application. Before initiating the renewal process with a different Consulate, you should contact the US Embassy or Consulate where you plan to apply to discuss the process and eligibility for E2 renewals.
Please keep in mind that while the E2 renewal applications are reviewed according to the same E2 requirements across all US Embassies and Consulates, there may be differences as it pertains to the required information, application process and processing time.
The E2 visa renewal process can be complex. Consult an experienced immigration lawyer to determine the best course of action for your situation.
When to apply to renew or extend my E2 visa?
Best time to renew at Consulate
You can renew or extend your E2 visa through a US Embassy or Consulate abroad within 6 months prior to the expiration date listed on the visa stamp in your passport.
To determine the exact date to file your renewal application with the US Consulate, it is important to consider their processing time in order to avoid any disruptions in your business operations.
Best time to renew within US
If you are in the US with an expiring E2 status, but you do not plan to travel abroad to renew for whatever reasons, you can file for E2 renewal or extension directly with USCIS no later than six months prior to the expiration date of your status as listed in your I94 record.
The application for an E2 extension of stay or renewal must be filed directly with USCIS up to 6 months prior to the expiration of your status. The renewal application must be received by USCIS before the status expires.
If USCIS approves your E2 renewal application, you can be granted a 2-year extension. You can submit subsequent applications with USCIS to indefinitely renew your E2 status in 2-year increments, provided you continue meeting the eligibility requirements.
E2 investors and employees who file a timely extension or renewal application with USCIS can continue working for their business while the petition is pending for a maximum of 240 days from the expiration date listed on the I-94 form.
Keep in mind that the 240-day period does not apply to E2 dependent spouses. The E2 spouse filing for extension of employment authorization may receive automatic extension of EAD based on a timely filed EAD renewal of up to 540 days. Please see the latest USCIS updates here.
The spouse can only apply for the extension and work authorization once your E2 extension or renewal was approved.
What is the E2 visa renewal process?
Renewing or extending your E2 visa with a US Consulate abroad or USCIS is similar to applying for a new one. You will need to submit similar supporting documents, including both required and recommended items we discuss in this article.
E2 visa renewal documents and process at US Consulate
To renew your E2 visa, submit your renewal application and supporting documents at the US Embassy or Consulate where you initially obtained your E2 visa, or in your home country.
To successfully renew your E2 visa, submit the following documents:
E2 visa renewal documents and process at USCIS
Your E2 visa allows you to stay in the US for a specific period, indicated on your I-94 record. To continue staying in the United States, you must extend or renew your E2 status by filing an extension request with USCIS before your I-94 expiration date.
However, it is important to keep in mind that if your E2 status is renewed through USCIS, you are allowed to stay in the US beyond your initial E2 visa validity period, but the extension does not replace the visa itself.
With an E2 extension from USCIS, if you travel outside the US for pleasure or business without a valid E2 visa, you cannot return unless you obtain a new E2 visa in your passport.
In light of this, it is crucial to plan ahead and renew your E2 visa at a US Embassy or Consulate abroad before your return trip to the US. You must apply for E2 visa renewal at a US Embassy or Consulate abroad and attend an interview to secure a new visa in your passport.
The USCIS renewal process for your E2 visa is similar to filing an initial application. You need to submit a new E2 application package with the following documents:
What is the E2 renewal processing time?
Renewing your E2 visa through a US Consulate abroad can take 2 to 6 months, depending on the specific consulate’s workload.
If you apply for E2 visa renewal within the United States, the processing time at USCIS is 15 days with premium processing, or 1 to 2 months for renewals filed with regular processing. For the most up-to-date processing times at USCIS, please consult USCIS website.
Is there a limit on E2 visa renewal?
No. As long as you continue to meet all eligibility requirements, you can indefinitely renew your E2 visa, regardless of whether you file renewals or extensions with USCIS or US Consulates abroad.
Malescu Law can assist
For a successful E2 visa renewal or extension, contact our experienced E2 business visas lawyers in Miami, Florida, USA to assist you with your application and the intricacies of business visas.
We have successfully assisted investors and their family members obtain and renew their E2 visas.
We serve individuals and companies throughout the United States across all 50 states, the District of Columbia and Puerto Rico.
Contact us or book a consultation.
Malescu Law P.A. – Business & Immigration Lawyers
