The E2 visa processing time depends on several factors, including the documentation review processes by the U.S. consulate or embassy for issuance on time. The duration may also be affected by the promptness with which the visa applicant responds to any additional requests or clarifications from the consulate. Seasonal factors, apart from changes in demand, could also affect the time frame and subsequently affect the processing speed of these visas.
Eligibility for the E2 Visa
Treaty investors who are interested in settling down in the United States must show the following E2 Visa requirements and evidence to be eligible for the same.
- Holding a Nationality: The applicant must be a national from an eligible E-2 treaty country. The same country must maintain a treaty of commerce and navigation. It is also okay for the country to have a qualifying international agreement with the U.S.;
- Having No Immigration Intent: The E2 visa must have a non-immigrant intent. It means the particular person must depart once their respective E2 nonimmigrant status ends.
- Doing an Investment: The visa applicant must have invested or is due to invest a substantial amount of investment in a bona fide enterprise in the United States. This helps ensure the successful operation of the respective enterprise. This means that there must be an active and operating entrepreneurial undertaking that produces products or services for profit. Moreover, the person’s investment funds were lawfully obtained;
- Getting an Enterprise Possession: The E2 visa applicant must have at least 50% of the enterprise possession of operational control. It can be either through a managerial position or some other corporate device. It showcases the sole purpose of the applicant’s entry, which is to manage their investment in the U.S.
Breakdown of the E2 Visa Processing Time for Documentation
The application for an E2 visa is an important process that everyone must follow vigilantly. It gives the much-needed convenience so that a person can go through everything without any difficulty. Let us take a look at the breakdown of the E2 visa processing time for only the documentation process below:
- Submitting the E2 Visa Application to the U.S. Consulate or Embassy: It takes, on average, about 6 to 8 weeks for the authorities to review your documentation once the applicant submits their E2 visa application with the U.S. Consulate or Embassy. The length of time for reviewing a particular application is always different. It often depends on the particular embassy or consulate. They can move forward to scheduling a visa interview once they review the specific documents. However, they may even ask for additional documentation to clarify something if needed.
- Attending Visa Interview: The next step is to schedule a visa interview once the E2 visa application is accepted. The same interview can be scheduled within one week of a specific application being reviewed and accepted. This can be different depending on the particular U.S. consulate.
- Getting the Visa: After a successful visa interview, the applicant should be issued their particular E2 visa within about one week. The total E2 visa processing time is about three months with no delays.
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E2 Visa Processing Time for Change of Status
Here is a breakdown of the E2 processing time if the specific applicant is doing only an E2 change of status:
- Processing the Form I-129: It takes about two to three months for USCIS to review and issue a response to the applicant. It happens after the person submits the Form I-129. The applicant’s change of status will begin from the date specified on the approval notice if USCIS approves the I-129.
- Seeking Additional Evidence: The USCIS may sometimes issue a request for additional evidence (RFE) from the applicant. The authorities will give the applicant time to prepare the necessary documentation and send it back if an RFE is issued. USCIS will also take some additional time to review and respond based on the additional information provided by the E2 visa applicant. An RFE can often cause delays of two to three months.
- Premium Processing: The USCIS often offers a premium processing service from the applicant for an additional fee. For the unversed, it is currently $1,225. The authorities must review the applicant’s petition and issue a response within 15 days if the latter wants to do premium processing.
E2 Visa Renewal Processing Time
- Checking Visa Validity and Reciprocity: The E2 visa's validity is determined by a reciprocity schedule with the treaty country. Reciprocity schedules can be different. It can be around 5 years for most countries and 4 years for some. The schedules can also be as short as 3 months for countries like Egypt or Jordan.
- Authorizing Stay Period: Individuals are granted an authorized stay of two years upon entering with a valid E2 visa. This process allows for uninterrupted residence in the U.S. Moreover, the visa holders can enter and exit the country freely during this period.
- Traveling and Visa Validity: The applicant must ensure the validity of the E2 visa for re-entering the United States. Extension through USCIS is necessary to maintain status if the person is in the U.S. on E2 status with an expired visa but a valid I-94. This also ensures eligibility continuation.
- Going Through the Renewal Process: The E-2 visa renewal process is similar to the initial application. Applicants must show their continuous investment and development in the country's existing businesses.
- Analyzing Continuous Eligibility Requirements: Applicants must consistently meet the eligibility criteria to secure another two years. This includes ongoing investment efforts and the development of the existing business in the U.S.
- Filling Out the USCIS Application for Status Extension: Applicants may remain in the U.S. after an approved change of status in cases of an expired visa but valid I-94. The applicant must apply to the USCIS for an extension of E2 status to secure an additional two-year period, provided eligibility criteria are maintained.
Key Terms for E2 Visa Processing Time
- Substantial Investment: An investment made on a specific E2 visa that cannot be quantified in money.
- Source of Funds: The origin of money used in a particular transaction or business relationship associated with applying for the E2 visa.
- Marginal Investment: It involves borrowing money from any broker to purchase different securities over time.
- Work Authorization: An employment eligibility that allows a particular person to work anywhere in the United States.
- Non-immigrant: A foreign national who comes to the United States temporarily for some specific reason.
Final Thoughts on E2 Visa Processing Time
The E2 visa processing time may vary in the United States, but the application process remains the same. It all depends on the eligibility criteria of the applicant and the documentation process. Moreover, the USCIS may take some time to check whether the specific applicant is eligible for an E2 visa. However, no applicant may be aware of the visa application timing or the process associated with it. So, it is always recommended to approach a professional lawyer to ensure the E2 visa processing time is less and the process happens within no time.
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