As the end of the initial approval period of your E-2 nonimmigrant investor visa draws to an end, thoughts all at once flood your mind about the renewal. Like any experienced immigration attorney would say, it helps to rev up your knowledge and understanding of the dynamics involved in an E2 renewal process. That way, you know what to do and watch out for at every stage for a smooth reapplication.
LaToya McBean Pompy, immigrated to the United States herself. Her experience sparked an interest in helping many families be together in the U.S. by founding McBean Law. If you need help with your or a loved one’s visa, contact us here or call us today at (888)-462-4006 to schedule a private consultation with LaToya and her team of New York immigration lawyers who are here to help you.
Evaluate If You Still Qualify for The E-2 Visa
Before anything else, review the original visa qualifications and ensure that you still meet them for renewal. The immigration attorney assisting your reapplication verifies that your treaty investor job and company in the U.S. still classify under E-2 investment purposes.
In this guide, we discuss five critical tips that our immigration lawyers usually offer clients seeking to renew E2 visas successfully.
We also check that both your home country and the U.S. still hold a qualifying treaty of commerce and navigation. While enforcement of these may undergo changes over time, the core requirements for E-2 eligibility have essentially remained unchanged for many years.
What are the E-2 Visa Requirements?
1. Your home country must hold an appropriate treaty with the United States
Our E-2 immigration lawyers can attest that this is the foremost requirement when evaluating eligibility for renewal. The immigration attorney reviews that an enforceable treaty of commerce and navigation continues to exist between your home country and the United States.
Nearly 80 countries currently have such agreements with the U.S., which makes their citizens and companies eligible to apply. But before reapplying under a claimed nationality, ensure the treaty remains valid or hasn’t undergone amendments that could affect eligibility.
2. You must demonstrate possession of the nationality requirement
Besides the existing treaty, you must prove your declared nationality to qualify for renewal. Where questions arise regarding your citizenship status for E-2 purposes, the immigration lawyers will request you to provide several documents.
These may include a current valid passport, previous visa copies, birth certificate, national identity documents, and family ancestry records. Failing to sufficiently prove nationality leads to automatic disqualification of your E-2 renewal petition.
3. Your investment must be substantial
For the E-2, you ought to possess enough capital committed to the investment enterprise under petition. Although the regulations don’t outline a fixed minimum, our experience with numerous approvals points that at least a 50-100k investment suffices in most cases.
The immigration attorney also verifies proof that your funds were placed at risk in the U.S. As we renew your E2, evidence gets presented of active commitment of the required amount whether leasing a property, purchasing equipment, transferring inventory or in professional services value.
4. You must directly develop and control the enterprise
The E-2 expects you as the principal visa holder to steer the investment enterprise through direct inputs of capital, expertise or corporate governance. Therefore, our immigration lawyers check that you sustain an executive, supervisory or high skill capacity within the business.
Merely demonstrating sole capital funding without much else in terms of involvement proves inadequate when renewing your investor visa. The regulations demand that you maintain adequate control and developments of the investment enterprise.
Prepare Your Supporting Documents Early
A major pitfall that delays or jeopardizes many E-2 renewal applications is failure to collect vital documents on time. Few things annoy a U.S. immigration officer reviewing visa petitions more than receiving insufficient or partial evidence.
Therefore, we advise that you acquire all the required paperwork for your renewal at least 60-90 days in advance. That enables the E-2 immigration attorney enough time to review your documents and guide accordingly.
Essential Items Needed to Renew Your Investor Visa Successfully:
You will need to provide the following items: a valid passport, previous E-2 approval notice copies, recent bank account statements , business license copies, company ownership and incorporation files, tax returns and payment records, proof of business premises lease/rent/mortgage, inventory reports and sales receipts, employment verification documents, and payroll records of employees.
Having these documents ready beforehand streamlines your E-2 renewal while strengthening the petition for re-approval. It also allows the immigration lawyers to prepare your application optimally since we understand those areas that adjudicators emphasize most.
Ensure Continuity in Your E-2 Business Operations
Gaps in business activity exceeding 6-12 months raise doubts regarding the legitimacy of your investment operations. Once an immigration officer believes that you don’t conduct any substantive business, expect complications or denial of your renewal petition.
Maintaining continuity in operations is vital as you prepare to reapply for the E-2 visa. That means keeping up with payroll reporting, inventory purchases, collecting business receipts and other workflows that generate records. Presenting those for the 90-day period before renewal provides current proof that your investor enterprise remains actively in business.
File Form I-129 Within The 90-180 Day Window
Knowing the right window of time to file your renewal application can greatly determine the outcome. Our E-2 immigration attorneys advise that you should reapply within 90 to 180 days before expiration.
Early filing risks getting your petition denied or only approved for the remainder of your current visa term. On the flip side, late filing beyond the 180 day limit leaves you without valid status if the decision is delayed.
Hence by initiating the process between 90-180 days prior, your immigration lawyer can correctly file the I-129 petition with USCIS. That then allows enough time for processing without falling out of active status regardless of when the approval comes through. It also gives room to navigate any requests for evidence or interviews called to vet your renewal application. Work permit renewals like the I-765 form follow afterward once the E-2 gets reapproved first.
Understand The Need for Site Visits
Part of the adjudication process may involve USCIS sending an immigration officer to inspect your E-2 investment operations physically. As our attorneys explain, site visits provide the most reliable method for the State Department to verify actual business activities abroad or within the U.S.
Although not every renewal petition faces this scrutiny, you may get an RFE requesting a site visit. Prepare to cooperate fully with the attending immigration officer and answer whatever queries raised during inspection.
With proper guidance from our immigration lawyers, we help you navigate site visits seamlessly while demonstrating validity of your treaty investor operations. Ensuring that business premises, payroll and inventory records, etc. remain easily accessible for review is vital as well.
FAQs
1. How early can I apply to renew my E-2 visa?
Our immigration lawyers advise filing your renewal petition between 90 to 180 days before the current E2 status expires. Applying within this window prevents lapses or denial of your application.
2. Do I need to show proof of ongoing business operations when renewing?
Yes. USCIS requires that your enterprise demonstrates continuity in operations for E-2 renewal approval. Our attorneys help collate documents like tax records, sales reports, employment records that reflect sustained investments.
3. What happens if my E-2 renewal gets denied?
A denial prohibits you from continuing operations unless the decision gets overturned on appeal. Our immigration lawyer can assess where your application failed and advise further options. But you may receive a grace period before being required to depart the U.S.
4. Can I renew my E-2 if I have changed jobs?
Yes, provided your new employment and enterprise meets existing eligibility requirements for treaty investors. Our attorneys evaluate your fresh investments to ensure compliance with regulations in your renewal petition.
5. How long after applying can I follow up on my E-2 renewal decision?
Depending on each applicant’s circumstances, most renewal decisions finalize between 1 to 6 months after filing. Our lawyers help monitor your case and recommend next steps if the processing exceeds 6 months.
Finding an Experienced Immigration Lawyer
Successfully renewing your E-2 visa mostly depends on understanding the governing requirements clearly at every stage. Working closely with an experienced immigration attorney at McBean Law also streamlines the process through appropriate guidance. We are always happy to address any concerns you may have regarding your renewal eligibility or application. Reach out to our immigration attorneys today at (888)-462-4006 and let’s get you back into valid E2 status seamlessly.
