E-2 Nonimmigrant Visa E-2 Nonimmigrant Visa

E-2 Nonimmigrant Visa

This article includes an overview of the E-2 visa and is intended for sponsored employees and employers to gain a better understanding of case processing. Envoy Global users can work with the legal team at Corporate Immigration Partners (CIP) in the Communication Center to learn more about this visa and open a case. 

Important Notice
This is a high level overview intended for employers and sponsored employees. Circumstances may vary from case to case and questions about cases opened in your Envoy Global account should be directed to the legal team at CIP in the Communication Center.

The E-2 nonimmigrant visa classification is designated for nationals of treaty countries who are coming to the U.S. to develop and direct the operations of an enterprise in which they have invested, or are actively in the process of investing, a substantial amount of capital. 

For investors, the applicant must demonstrate ownership of at least 50 percent of the enterprise or possession of operational control through a managerial position or other corporate device, and that the investment funds are at risk and committed to the enterprise. 

For employees, they must be coming to the U.S. for a role that is executive/managerial, or requires specialized knowledge essential to the business.  

View a list of Treaty Countries.

The E-2 visa is specific to your position, location, and sponsoring employer, so you may see a case opened as one of the following variants:

E-2 (Outside U.S.) cases are opened when the beneficiary is either outside of the U.S. at the time the petition is filed, or is planning to depart and apply for an E-2 visa at a U.S. Consulate/Embassy outside of the U.S. after the case is approved. The E-2 status does not take effect until AFTER the Beneficiary enters the U.S. in valid E-2 status 

E-2 Extensions are opened when a current H-1B status requires extension with minimal to no changes in the beneficiary’s previously approved status. Please note that USCIS only allows for an extension to be filed, at most, 6 months ahead of expiration.

E-2 Amendments (with or without Extension) are opened when there is a material change in terms and conditions of employment, most often with a significant change in location or the role. Please notify your Envoy team of any potential changes in your position (promotions, worksite changes, etc.). 

Validity Period

Validity Period/Max Length: 2-year initial stay; 2-year extensions; No max stay

Grace Period: 60 days from last date of employment

Dependents

The dependent status associated with the E-2 is known as E-2S. A dependent family member is considered a spouse and any children under the age of 21. If you have family members who require E-2S status to join you in the United States, the legal team at CIP will assist with opening the necessary case(s) once the primary E-2 case is opened. 

Supporting Documents

This is a standard list of documents required for E casework. The legal team may require additional documentation identified during case processing.

  • Color copy of Passport
  • Resume/CV
  • Diploma(s)
  • Official Transcripts/Marksheets
  • Pay Statements
  • (If applicable) Evidence of Current/Prior Immigration Status, which can include a combination of the following documents: Visa Stamp, Form I-94, Form I-20, and EAD cards, endorsed I-129S, and/or I-797 Approval Notice.

Case Processing

Questionnaire & Initial Legal Review: Sponsored employees and their employer will complete a custom questionnaire enabling the legal team to begin case preparation. The legal team will review all the information provided and begin drafting the forms and letters for the case.
Read this article on completing the questionnaire  ⟶
Customer Action Needed: Additional information may be requested after the legal team completes their initial review. Once the forms and letters are fully drafted, employers will conduct a review of the information before finalizing the case.
Read this article on completing action items  ⟶
Labor Condition Application (LCA): For certain E visas, the legal team may file an LCA with the Department of Labor (DOL). This is filed electronically, and the DOL generally takes 7 to 10 business days to certify the LCA.
Sent to Government: Once the case is sent to USCIS, the tracking number is linked to the case so employees and employers can track its delivery. The legal team will update the case with the receipt number once the receipt notice is received. This can take a few weeks to receive from USCIS.
USCIS Processing Estimates: 12+ months with standard processing; 15 business days with premium processing. These are general timelines and can vary greatly, so please check with the legal team at CIP for case specific questions.
Check current USCIS processing times  ⟶
Case Completed: The case will be updated to complete once the legal team receives the physical decision notice from the government.
Find case immigration documents  ⟶

Need additional support? 

For employers, contact your Account Management team. For sponsored employees, start a live chat with the Envoy Global Customer Experience team from your Envoy Global account.