How to renew my E-2 visa? Where to renew my E-2 visa? Renewing your E-2 visa? Tips for your E-2 investor visa renewal
How to renew my E2 visa?
An E-2 visa allows a person to enter and work in the United States based on a substantial investment on a company the person will be controlling. A key advantage of this visa is that it is renewable indefinitely (typically from 2 to 5 years at a time, depending on the investor’s nationality). One common question that clients ask us is related to the steps they need to take when they renew their visa. This post provides some recommendations for the E-2 visa holder seeking a renewal as well as general tips about the E-2 visa.
Tips for your E-2 investor visa renewal
- Hire U.S. Workers: One of the main requirements of the E-2 visa is that the company hire U.S. workers. We recommend following the staffing plan in the business plan submitted with the initial E-2 application. If hiring has not gone as planned, but you’ve still hired U.S. workers, then you should still meet the requirements for a renewal. If you did not hire any workers, include an explanation in your renewal application explaining the reason and explain how you will remedy the situation.
- Include an updated Business Plan: Update the initial business plan with information showing that your business has progressed. Include any business-related changes made: address/contact information, hiring plan, company information (staffing, management), marketing/sales strategy, revenue targets. Include business tax returns to show company revenue and explain how the company met/surpassed targets. If the company has not been profitable, provide an explanation and solutions on how to remedy the situation. For example, if there were any unforeseen but necessary expenditures made, include this in the explanation. In these cases, it is important to highlight that while the revenue is lower than anticipated, the company still made enough money to pay vendors and employees, and turn a small profit, if that were the case. Provide documentation (e.g. client reviews) to show the successful implementation of your marketing plan. If there are any changes to your marketing and sales plan, explain why changes were necessary.
- Provide updated proof of a Real and Operating Enterprise: It is helpful to provide documentation showing that your company has progressed and that the business has not been stagnant. Submit updated web and social media pages, online reviews, additional licenses/permits/certifications, updated lease, business bank statements, company tax returns, yearly/quarterly tax forms (e.g. W-2s), invoices and proofs of payment for additional expenditures, and others.
- Review the E-2 Visa requirements and make sure you still qualify: Review the E-2 visa requirements here and make sure that you remain eligible for the E-2 visa, such as making sure that the company remains at least 50% owned by a treaty national with the same nationality as the E-2 visa holder.
- Seek the assistance of an experienced attorney to help you with your application and help you determine where to file your application: The E-2 visa application can be complicated and document-intensive. There are many considerations to think about including where to file the initial and renewal application, what documents to include, and whether the company meets the general requirements. Seeking the advice of an experienced attorney can be helpful in making these determinations.