How Long Does It Take to Complete E2 Visa: A Step-by-Step Timeline

Thinking about expanding business into the U.S. is sure a good move. The country is a land of opportunity for investors and entrepreneurs. You will be surprised to know that nearly 5.1 million new businesses were established in the U.S. in 2022. The survival rate was 78.4% during that year. This indicates that your success rates are higher when venturing into a business in the United States. An E2 visa lets you live and work in the U.S. by investing in a business. But, a common question many ask is, How long does it take to complete E2 visa?

To answer that question, we will walk you through the process, usual timelines, and factors that may influence your E2 visa application. Thus, if you wish to plan accordingly and expand your U.S. business easily, keep reading.

What is an E2 Visa?

The E2 visa is one of the common U.S. visas meant for investors intending to invest in business within the United States. It enables investors from nations with special privileges with the U.S. They can work and reside in the country while practicing their investment ventures.

The E2 visa is in fact a nonimmigrant visa, and it can’t immediately extend permanent residency to the holder. Yet, you can keep on renewing this visa endlessly as long as the business still fulfills the conditions.

There are some requirements to be met to be granted an E2 treaty. For instance, you must be a national of a country with an E2 treaty with the U.S. You must make a significant investment in a U.S. business. Though there is no certain amount of cash to be invested, it must be enough for the business to run and grow.

The Requirements for Getting an E2 Visa

The E2 visa is suitable for people who are interested in U.S. business investment. However, the U.S. government has not laid down its rules for funding just like that in the new venture. They will make sure your investment is genuine and won’t harm the country’s economy.

Therefore, to apply for this visa, there are some legal requirements you need to fulfill. Below, we outline the eight essential requirements for E2 visa eligibility.

• Eligible Country: You have to be from a country that has an E2 treaty with the U.S.
• Intend to Leave: Some of the things that you will need to prove is that, when your visa status ends, you intend to return to your home country, which is in this case outside the United States. The E2 visa is nonimmigrant, which means it is a short-term visa.
• Substantial Investment: You are required to put your money down to do business in the U.S. As a general rule of thumb, the ideal amount should not be less than $100, 000, although there is no set figure.
• Legal Funds: The money utilized on the investment must have been earned legally, and this will require proof.
• Active Business: Your investment has to be in a real, active, and for-profit business. It can’t remain only a passive or an inactive undertaking.
• Non-Marginal Business: The business should be in a position to produce and generate enough income beyond your and your family’s needs. For it to be eligible for funding, it has to have growth prospects and should be in some way benefiting the U.S. economy.
• Investment at Risk: The funds must be directed to the business and shareholders. It should not be sitting in an account waiting to be used.
• Control of Business: You must play a major part in owning and controlling the business and its activities, at least 50 percent.

In case you are an employee working for an E2 visa investor, you must prove that you have the same origin as your employer. Plus, you must show you are working in a supervisory or executive role. In addition, you must possess special skills vital to the business.

How Long Does It Take to Complete E2 Visa: The Step-by-Step Breakdown

Attaining an E2 visa is not an easy one since it comprises many procedures. Nevertheless, should one prepare adequately for it, then it isn’t confusing at all. Now, if you are fully determined to get an E2 visa, you should follow the steps below and calculate the total time taken.

Step 1: Prepare Your Application

Start gathering all the necessary documents. These may include an acknowledgment of your investment, your business proposal, and evidence of your nationality from a treaty country. You will need to show that you have invested, or are in the process of investing, in a qualifying U.S. business.

Step 2: Submit Your Application

Once your paperwork is ready, submit your E2 visa application to the U.S. Consulate or Embassy in your country. If you are a new applicant, you have to submit the DS-160 form and pay the application fee.

On average, it takes between 6 and 8 weeks for them to review your documentation, but this can vary from one consulate to another. If all the papers are okay, they will set you a date for a visa interview. If not, they may request some additional information, which can delay the process.

Step 3: Attend the Visa Interview

You will be required to sit for a visa interview once your application has been granted. Ideally, this is scheduled within a week after your application review is complete. At the interview, you will get to explain your investment and business in the U.S.

Step 4: Receive Your Visa

After a successful interview, it will take approximately one week to get your E2 visa.

So, how long does it take to complete E2 visa process? In general, the whole period from application submission to visa receiving takes about 3 months, if there are no complications.

How Long Does It Take to Complete E2 Visa When Changing Status?

If you are already in the U.S. and want to change your current visa status to an E2 visa, you have the following 2 options:

Submit Form I-129

First, to change your status to an E2 visa, you have to file Form I-129 with the U.S. Citizenship and Immigration Services (USCIS). The average time taken in processing this is about 2-3 months. However, the USCIS may respond with a Request for Evidence (RFE) demanding more information, which can delay the process by an additional 3 to 6 months.

Premium Processing Option

If you need the processing to be done faster, there is an option for premium processing, though at a cost. Currently, the amount is $2,500. The process entails that USCIS will respond within 15 days of considering your application.

It is important to note that the foregoing ensures only an initial response, which may nevertheless be an RFE. Simply stated, if the applicant gets an RFE, the 15-day window no longer applies. Hence, the applicant may face further delays. Besides, mere remittance of the premium processing fee won’t guarantee that an E2 visa will be granted.

Costs Associated with Getting an E2 Visa

There are several costs associated with an E2 visa. The following costs can add up, so you should prepare financially well when applying for an E2 visa.

• Travel Costs: If you are applying from a foreign country, you might attend the visa interview at the US Embassy or Consulate. This may be the cost of flights, lodging, and transportation, depending on the location of the consulate.
• MRV Fee: When you are done filling out the DS-160 online form, the next thing you will need to do is pay an MRV fee of $205. This fee is non-refundable and must be paid before your visa interview.
• Visa Issuance Fee: After E2 visa approval, you will also be required to pay the visa issuance fee. The amount varies depending on your country’s reciprocity agreement with the U.S. Typically, it ranges from $100 to $250.
• Changing Status in the U.S.: The expenses slightly differ if you need to modify the status of your E2 visa while living in the U.S.
  • Form I-129 Filing Fee: It involves filing an application, which costs $460 as a fee for a change of status.
  • Premium Processing Fee: You can opt for premium processing, which costs an extra $2,500. This would provide a service that comes with a 15-day processing time.
  • Form I-539 for Dependents: If you have a spouse or kids below 21 years of age, they will have to apply for a change of status, which is $370 per head.

E2 Visa Approval and Refusal Rate: Is It Good or Bad?

The E2 Visa approval and refusal rates worldwide by fiscal year are shown below. These rates are calculated using the total number of approvals and refusals provided by the U.S. Department of State.

Source: visagrader.com

As you can see, overall chances to get an E2 visa are rather high and increase year by year. For the year 2023, the approval rate was found to be approximately 90.71%. As long as you meet all the eligibility criteria and produce the correct documents, you will most likely be granted the visa.

Thus, you should have a definite business plan and make a huge investment. In any case, you have to provide enough information to prove that you meet the requirements for the visa. If necessary, you can hire a qualified immigration lawyer who can help you in the process.

What are the Complexities of Getting an E2 Visa?

It is easy to get approval for an E2 visa, despite some hardships that one can encounter. So, before you start the application process, let’s discuss some of the common challenges of acquiring an E2 visa.

• Not from a Treaty Country: You may belong to a country that doesn’t have an E2 treaty with the U.S. In such a case, you can never apply for an E2 visa. With that said, some individuals attempt to obtain citizenship in a treaty country through investment or donation programs. They may also explore other options.
• Business Marginality: The U.S. government wants to ensure that your business is profitable; it should be capable of more than providing for you and your family. If you can’t demonstrate that your business will grow and contribute to the U.S. economy, this can be a potential hurdle.
• Proving Source of Investment Funds: You must prove that the money you are investing in the U.S. business was earned legally. If you are unable to provide enough evidence of the source and path of the funds, your application could be denied.
• Lack of Ties to Your Home Country: Since the E2 visa is temporary, you need to prove that you plan to return to your home country upon the visa expiry. If you fail to show strong ties, like family, property, or other obligations, this could raise concerns about your intent to leave the U.S. 

Wrapping Up

You should be able to plan ahead and ensure a smoother application process since you have found the answer to “How long does it take to complete E2 visa processing?” On average, applying for an E2 visa from outside the U.S. takes around 3 months. If you are changing your status within the U.S., the timeline depends on whether you choose regular or premium processing. Still, the time to complete the E2 visa process can vary depending on your specific situation.