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The following article will cover:
- The possibility of renewing or extending the E-2 visa beyond the initial period of stay.
- The consequences of business failure or withdrawal on the E-2 visa status.
- The eligibility for permanent residency.
Can The E-2 Visa Be Renewed Or Extended Beyond The Initial Period Of Stay?
Yes, the E-2 visa can be renewed or extended beyond the initial period of stay, provided you continue to fulfill the necessary requirements. As long as the business is thriving, profitable, and growing, you can renew the E-2 visa indefinitely. Some people have maintained their E-2 visa status and resided in the United States for over 30 years.
What Happens If The Business Or Investment Fails Or Is Withdrawn When You’re On The E-2 Visa?
If the business or investment associated with the E-2 visa fails or is withdrawn, your visa status will no longer be valid. Once the E-2 business ceases operations or fails to meet the visa requirements, your E-2 status terminates, even if there are a few years left on your visa.
Are There Other Options If You Find Yourself In That Situation?
If your E-2 visa status terminates, you are generally required to return to your home country. However, this doesn’t necessarily prevent you from reapplying for the E-2 visa if you plan to start a new business or pivot your current one in a different direction. You could potentially reapply for a new E-2 visa, following the same application process as before.
Alternatively, you might have other immigration options available to you that could permit you to remain in the country. For example, you could be sponsored for a green card by a family member or a child, or have an employer sponsor your residency. However, should your status terminate and these options are unavailable, returning to your home country is typically the required course of action.
Can An E-2 Visa Holder Apply For Permanent Residency?
The answer is both yes and no. The E-2 visa itself does not automatically convert into a green card or offer a direct path to permanent residency. So, in that sense, the answer is no. However, if the business you’re operating is performing well, you can continually renew the E-2 visa, living in the U.S. in a way akin to a permanent resident.
On the other hand, if your business grows substantially or achieves significant national importance, you may become eligible to apply for an EB-5 investment visa or an EB-2 national interest waiver green card. The latter allows you to self-petition for your green card. So, in these cases, the answer is yes. Furthermore, if you have children born in the U.S. during your stay, they could petition for their parents’ green card once they reach 21 years of age.
Can My Spouse And Children Accompany Me On My E-2 Visa?
Yes, your spouse and children can accompany you under your E-2 visa. However, this status terminates when your children reach the age of 21.
What Happens Once Your Child Reaches The Age Of 21?
Once your child turns 21, they lose their E-2 visa status and must seek a different immigration status, such as obtaining a student visa.
What Is The Process For Obtaining E-2 Dependent Visas For My Family Members? Should I Apply Simultaneously With My Initial Application?
The primary E-2 visa holder must first receive approval. Afterward, the dependents, including the spouse and children, can apply for derivative status. Although the principal visa holder must be approved first, in practice, applications for the primary holder and dependents are often prepared concurrently.
Is There An Age Limit For Dependent Children On An E-2 Visa?
Yes, the age limit for dependent children on an E-2 visa is 21 years old. When they reach this age, their E-2 status automatically terminates. For more information on the Renewal & Extension Of An E-2 Visa In The US, an initial consultation is your next best step.
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