Some Facts You Should Know About E2 Visa Renewal

A majority of prospective immigrants are baffled by the multitude of options that exist for them to legally enter the United States and stay for a certain amount of time. Without even looking at the extensive list of possible visas that one can acquire, one must first understand the difference between a visa and status so that they do not get confused when speaking with an attorney.

While a visa is an entry document that allows someone to seek entry into the United States, status determines how long a person is allowed to stay in the country and what activities they are permitted to do while residing here. One type of visa that many are drawn to is the E2 visa, a non-immigrant visa that allows a person to invest in a U.S. business and work for that business. It is often appealing because there are almost eighty countries that have E2 treaties with the U.S. and because the visa can be renewed or extended. The process of renewing an E2 visa is a complex one, though, and without the proper information, one can negatively impact their renewal. Here are some facts you should know about the E2 visa renewal process.

The Requirements To Renew or Extend E2

Generally, the rule of thumb to see whether or not you can renew your E2 visa is to see if you continue to satisfy all of the requirements for an E2 visa, meaning the requirements you once met to obtain it. The requirements to initially qualify for this type of visa include:

• Come from a country that has an E2 treaty with the United States
• Make a substantial investment into a U.S. company (it is typically recommended that the amount be at least $100,000)
• Not only must your funds be at-risk, but your investment funds must also be lawfully obtained
• The business must be categorized as an active for-profit business and it cannot be a marginal enterprise
• You must direct and develop the E2 business but then intend to depart once the E2 status ends

However, for a renewal of the E2 visa, there are special considerations. While to initially obtain an E2 visa it is required that a substantial investment is made towards the E2 business, that the investment is considered to be “at risk,” and that the investment funds were lawfully obtained, this is not the case for the renewal process. At the time of the renewal process, the focus is shifted from the investment towards the actual performance of the business. To qualify for a renewal, it is not required that you invest additional capital into the E2 business, however, it is required that you demonstrate that the E2 business continues to satisfy the requirements of an E2 visa. The reason why the performance of the business is examined is due to the fact that the immigration officials want to ensure that the business is not at risk of being considered a marginal enterprise. Gathering evidence that showcases that the business is generating more than enough revenue and employs workers are examples of how one can prove the business is not marginal, and therefore, increases the chances of renewal of the E2 visa.

How to Apply for a Renewal of the E2 Visa

In order to apply for an E2 visa renewal, there a few steps that you must complete first in order to ensure that everything is prepared for the renewal application. Firstly, you must electronically submit a DS-160 Form with the Department of State. The filing of fee for the DS-160 is about $205 per application. In addition to having the DS-160 form, there are a number of documents that you are required to submit alongside the renewal of the E2 visa. These documents required and the order in which they will need to be presented all depend on the consular office that you go to. Typically, though, there are a few standard documents that may be beneficial to bring with you and these documents include your passport, a travel itinerary, dates of your last five visits to the United States, your resume, and any other information. Some applicants will need to have additional documents on hand while completing the DS-160 and but they are only necessary if you are a student or exchange visitor, a petition-based temporary worker, and any other type of temporary worker. Once you have gathered all these documents and filled out the application you will be required to attend an E2 visa interview at the United States consular office abroad. Here, they will review all of your documents and determine the renewal of your visa. However, it generally takes about two to three months for the U.S. Consular Office to review your renewal petition but once they have, they will set up this interview and following it, it will take the consulate about a week to place the renewed visa in your passport.

What Can A Immigration Attorney For You

It is important to understand what an immigration attorney can do for you during the renewal process of your E2 visa. Many times, although organizing all of your documents may seem like a simple task to do, it can be quite alarming when you begin to approach the date of your E2 visa expiring and you still have not organized everything you need. An immigration attorney will be able to organize the documents you need to prove that you meet the E2 visa requirements and in addition, they will be able to complete a Form DS-160 and DS-156 E supplement for you. The main duty of an immigration attorney is to ensure that you complete the process in a timely and strategic manner so that you are able to obtain the renewal you need to continue working within the United States.

Overall, there are many things you should know about the E2 visa renewal process but with the help of immigration attorneys like the ones at Mark E. Fried, P.A, the process will become much easier to undergo.  They ensure that all of the documents you require for the renewal process are obtained and that you are able to acquire assistance from a knowledgeable source if you are still unsure what you need to do for the application. Contact them today for more information!