What Happens After Filing an E-2 Visa?

Introduction

Filing an E-2 treaty investor visa application is an important step for foreign nationals seeking to invest in and operate a qualifying business in the United States. However, submitting the application is not the end of the process. What happens next depends largely on whether the applicant is already in the United States or is applying through a U.S. consulate or embassy abroad.

After Filing the E-2 Application

For applicants applying from within the United States, an E-2 change of status is generally requested through U.S. Citizenship and Immigration Services (USCIS). USCIS reviews the filing to determine whether the applicant and the investment meet the requirements for E-2 classification. The agency may approve the application, request additional evidence, or take other action on the filing.

A request for evidence (RFE) does not necessarily mean that an application will be denied. It generally means USCIS needs additional information or documentation before making a decision. Applicants should carefully review any request and provide a complete response within the applicable deadline.

Applicants applying from outside the United States generally pursue an E-2 visa through a U.S. embassy or consulate. The process can include submitting the required application materials, paying applicable fees, and attending an interview. The specific procedures can vary by post, so applicants should follow the instructions provided by the relevant U.S. consular post.

What Happens After Approval?

An approved E-2 application does not necessarily mean the same thing as receiving an E-2 visa stamp. For example, an applicant who receives E-2 status through a change of status inside the United States may be authorized to remain in the country under E-2 status, but that approval does not itself provide a visa for future entry after international travel.

Once E-2 status or a visa is granted, the investor must continue to comply with the conditions of E-2 classification. The investment must remain connected to the qualifying enterprise, and the investor generally must continue to develop and direct the business. Family members may also qualify for dependent E-2 status under applicable rules.

Conclusion

The period after filing an E-2 application can involve additional documentation, government review, an interview, or other procedural steps depending on how and where the application was filed. Because the consequences of an E-2 filing can vary based on an applicant’s immigration history, investment structure, and circumstances, prospective applicants should consult a qualified immigration attorney for advice regarding their specific situation.

This article provides general informational content only and is not legal advice. Immigration laws and procedures can change, and individual circumstances may significantly affect the appropriate course of action. Readers should consult an experienced immigration attorney before making decisions about an E-2 visa or immigration status.