The E2 visa is popular for foreign entrepreneurs looking to invest in the United States! Suppose you wonder if the E2 visa is eligible for premium processing.
This service allows individuals to pay an additional fee to expedite their case processing to 15 business days. This article will explore the E2 visa and its status, whether it is eligible for premium processing and how it works.
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What is an E2 Visa?
The E2 visa is a non-immigrant visa that permits foreign nationals of certain countries to invest in and operate a business in the United States. The investor must be from a country with a treaty with the United States, have invested substantial capital in a U.S. business, and be coming to the U.S. to develop and direct the investment.
Premium processing is an optional service offered by the U.S. Citizenship and Immigration Services (USCIS) in some instances. For an additional fee, applicants can expedite the processing of their case and, in many cases, receive a decision within 15 business days.
Eligibility for an E2 Visa
Treaty investors must show the following E-2 Visa requirements and evidence to qualify:
- You are a citizen from a qualifying E-2 treaty country that maintains a treaty of commerce and navigation or a qualifying international agreement with the U.S.
- You have a non-immigrant intention to depart once your E-2 non-immigrant status ends.
- You have invested or are due to invest a substantial amount in a genuine enterprise in the U.S. to ensure its successful operation. An honest, active, and operating commercial or entrepreneurial undertaking must produce services or products for profit.
- Your investment funds were lawfully obtained.
- The business in the United States is active and for-profit and not a marginal enterprise.
- The invested funds are put at risk in the commercial sense.
- The fact that you own at least 50% of the enterprise and possess operational control through a managerial position or other corporate device demonstrates that your entry’s sole purpose is to manage your investment in the U.S.
Please note that the main difference between an E1 Treaty Trader visa and an E2 Visa is that the former allows treaty nationals to trade between the United States and their country.
The E-2 visa also allows the investor to bring certain employees or of a qualifying organization to the U.S. If you’re an employee, these are the things you must demonstrate:
- Have the same nationality as your E-2 employer.
- Be in an executive or supervisory capacity or have a unique employee qualification.
- Pass the general grounds for admission into the United States.
Necessary Steps to Apply for an E-2 Visa
Submit Your E2 Visa Application to the U.S. Embassy or Consulate
First, you must submit your E-2 non-immigrant visa application to the U.S. Consulate or Embassy. The length of time it takes to review your documents will depend on the applicable consulate or embassy.
Typically, the consulate process can take about two weeks to four months. Once they have reviewed your documents, they may ask for further documents or proceed to schedule the interview.
Meanwhile, if you have accompanying family members, such as your spouse or unmarried children under 21 years of age, they can also apply at the same time as you or even after your E-2 visa has been granted.
E2 Visa Interview
After submitting your application, your visa interview may be scheduled within one week or two of your application being reviewed and accepted. However, note that appointment wait times may vary in every Embassy or Consulate.
Obtain the E2 Visa
Upon completion of the interview, the officer will typically either approve or deny the application; however, if additional documentation or longer time is required for record verification, the officer may submit it for administrative processing.
Your passport with the E-2 visa stamp may not return to you for five to seven days after the application is approved.
Is the E2 Visa Eligible for Premium Processing?
Only some USCIS cases are eligible for premium processing. A person applying for an E2 visa must send their supporting documents to an embassy or consulate outside of the United States to be scheduled for a visa interview.
These E2 visa applicants were not qualified for premium processing since the case was not initially submitted to USCIS. The time it takes for them to be processed depends on how long each consulate or embassy takes for interviews.
On the other hand, if an individual is legally present in the United States and wishes to shift to E2 status, they may apply the change. In this instance, the E2 change of status application qualifies for premium processing.
This means that applicants can expedite the processing of their case and receive a decision within 15 working days for an extra $2,500 government filing fee. It is crucial to remember that even with premium processing, USCIS may send out a request for supporting documentation (RFE), which could delay the processing period.
As a result, even if premium processing significantly expedites the case’s adjudication, there is no assurance that an E2 change of status application will be granted in less than 15 working days.
Reasons for Not Getting an E2 Visa
Even if the approval percentage is relatively high, applications for an E-2 visa might still be rejected for various reasons.
- You are not a citizen of a treaty country. You should only apply for an E-2 visa if you hold a passport from a treaty country. Obtaining a treaty country’s passport may be possible if you donate or invest in countries that offer a citizenship program.
- You need help to prove the source and path of your investment funds.
- You are only able to prove that your business will be marginal.
- You need to demonstrate that you have ties to your home country.
What is the Success Rate of E2 Visa?
The success rate of an E-2 visa cannot be answered with certainty because every applicant’s situation and case are different. However, the success percentage could be relatively high if you match the eligibility requirements and have filed all the necessary paperwork.
We advise you to hire an immigration attorney during the application process. It will help you increase your chances of getting your E-2 Visa accepted.
E2 Visa Renewal
The reciprocity schedule with the treaty countries determines the validity of the E-2 visa. The reciprocity timeline is five years for most treaty countries and four years for some.
Other countries, such as Jordan or Egypt, have a three-month reciprocity calendar. When you come on a valid E-2 visa, you will be granted two years or an approved stay, regardless of the duration of the visa.
This implies that you can remain in the United States for two years without having to leave. You can also enter and exit the United States at any time with a valid E-2 visa, and each admission will provide you with a two-year allowed stay.
To be allowed to re-enter the United States while traveling, you must confirm that your visa is still valid. If your visa has expired but you still have a valid I-94. Or you are in the country on an approved change of status application, you may choose to stay.
However, you must apply to USCIS to extend your E-2 status so that you can stay for an additional two years as long as you continue to meet the eligibility requirements. The procedure for submitting an initial application and renewing an E2 Visa is the same.
The main difference is that the applicant must show they are continuously investing in and developing their business in the U.S.
Benefits of the E2 visa
- There is no minimum amount of capital for investment. While $100,000 is recommended, the investment can be $50,000 or less, depending on the nature and requirements of the business.
- The investment does not have to be cash. It can be in other assets like inventory, tools, equipment or intellectual property.
- You can also travel freely to and from the United States.
- Unlimited renewals or extensions, potentially for the rest of your life.
- Your spouse can work in the United States for any employer.
- You have the option to purchase a business or business franchise.
- In addition, there is no minimum number of jobs to be created.
- Quick processing times. The application is made directly at the consulate.
- You have potential tax benefits over permanent residents.
- You can transition to a Green Card at a later stage.
Wrapping up
While the E2 change of status application is eligible for premium processing, the E2 visa is not. Applicants should be aware that even with premium processing, they may still need to request more evidence and that there is an additional filing fee.
Hopefully, this post has clarified whether premium processing is available for the E2 visa. If you or someone you know is thinking about applying for an E2 visa, it is advised that you speak with an immigration lawyer.
They can help you with the application process and address any concerns. All the best!