E2 Visa

Frequently Asked Questions & Answers

6. How long can I stay in the US on investor visa?

You may stay on a prolonged basis with unlimited five year visa extensions or two year status extensions as long as you maintain E-2 qualifications. There is no limit on the number of extensions you can take.

7. How do I apply for extension of stay on E-2 visa?

To apply for E-2 extension you must submit Form I-129, Petition for Nonimmigrant Worker, along with E Supplement and submit Form I-539, Application to Extend or Change Nonimmigrant Status, for accompanying relatives. Along with it you must submit:

  1. Copy of your Form I-94 Arrival-Departure document
  2. Copy of original Form I-797, Notice of Action, if your status was previously approved or extended in the U.S. or
  3. Copy of your complete passport including the E-2 visa
  4. Letter from your employer stating that your extension is required and
  5. Copy of your personal and U.S. business income tax returns for the past two years, including payroll tax returns

Note: If you file for extension before the expiry of your I-94 you may continue working for 240 days while waiting for the decision. If you file after the expiry of the visa you may stay up to 40 days awaiting the decision. If there is no decision within the 40 days you are supposed to leave terminating your work in the U.S.

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8. Can I revalidate my E-2 visa?

No, you may not apply for visa revalidation of your E-2 visa by mail without leaving the U.S.

9. Can I change status while on E-2 visa?

Yes, you may apply for change of status while on E-2 visa. You must submit Form I-129, Petition for Nonimmigrant Worker, or Form I-539, Application to Extend/Change Nonimmigrant status, indicating your change of status with appropriate supporting documents.

10. Are there any travel restrictions on E-2 investor visas?

No, there are no travel restrictions on E-2 visa. You may travel as many number of times as required before the expiry of your E-2 status. The USCIS also does not impose any time limit on your stay abroad.