E2 Visa Extension Requirements
What are the E2 Visa Extension Requirements?
For foreign investors, seeking the help of an E2 visa lawyer is frequently an attractive option. Foreign nationals can invest in a commercial enterprise in the United States, and obtain a visa to enter the United States to direct and develop the business. These visas are for a period of from three months to five years (depending on the specific treaty with the foreign national’s country) and can be renewed. Unlike other types of visas, an E2 visa does not have a direct path to permanent residency.
For immigrants who have approved for E2 visas one question that arises is how they can obtain an extension of their visa. As a general rule, E2 status can be renewed domestically or the Visa can be obtained through a U.S. Consulate abroad as long as you remain invalid E2 status. This means that you must comply with the original requirements of the E2 visa itself.
Criteria for Obtaining an E2 Visa
The United States government has set forth specific standards for obtaining an E2 visa. As a first step, you must be a citizen of a nation that has a valid commerce and navigation treaty with the United States, and that the funds being used for the investment were in the possession and control of a national or nationals of a treaty country.
Next, the investment in the commercial enterprise must be “substantial” in relation to the value of the business as a whole. In contrast to other investor visas, such as the EB-5 visa, there is no minimum dollar threshold to meet this criteria. Instead, the government will look at factors such as the proportion of the investment related to the total cost of the business, or whether the investment is typical of an amount required for a viable investment in an enterprise of that type. At the time that the application for an E2 visa is filed, the investment should have already been made, or you should be in the process of making the investment. This can cause substantial stress for an investor, who may be uncertain about the potential for visa approval. That is why it is so important to work with a skilled E2 visa attorney, such as the lawyers of Colombo & Hurd, to help guide you through the process. Our attorneys have significant experience handling E2 visas, and can advise you on the likelihood of success of your E2 visa application.
Finally, you must be able to demonstrate that your enterprise is a real, operating non-marginal commercial enterprise. A non-marginal enterprise means one that has a significant economic impact in the United States or one that makes enough money to support more than just you and your family. As an investor, you must also be able to demonstrate that you will be able to develop or direct the enterprise and that the investment is not speculative or passive. Instead, you must be coming to the United States for the purpose of actively working in the enterprise.
For purposes of obtaining an E2 visa extension, it is this last set of criteria that is most important. You will have already demonstrated that you are a citizen of a treaty country and that you have made a substantial investment in a commercial enterprise. To be approved for an extension, you will need to prove that your enterprise is real, operating and non-marginal, and that you are developing and directing it. At Colombo & Hurd, we have helped many investors successfully obtain E2 visa renewals, and can guide you through the renewal process, including putting together the documentation to demonstrate that you are in valid E2 status.
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How to Obtain an E2 Visa Extension
E2 status can be extended domestically for periods of two years for an indefinite period of time. To file for an extension of your E2 status, you must submit a significant amount of paperwork, including copies of both personal and business tax returns for the previous two years, an employer letter documenting why an extension is required, a copy of your passport and E2 visa, and some additional forms along with the petition to extend status. There are strict deadlines in place for filing these extension requests; if you fail to meet these deadlines, you may be required to stop working and leave the United States. An alternative to extending E2 Status domestically would be to renew your E2 Visa at a U.S. Consulate abroad. The determination of which of these paths to utilize turns on the specifics of each case. A seasoned E2 visa attorney can help to ensure that all of your paperwork is in order and that your request for an extension is filed in a timely manner so that you can remain in the United States to direct and control your commercial enterprise.