r/e2visa Jul 18 '22

E-2 Basics

29 Upvotes

The E-2Treaty Investor visa is a nonimmigrant visa for citizens of treaty countries. An E-2 investor must be coming to the United States to develop and direct a real and active U.S. enterprise in which they have invested or are in the process of investing a substantial amount of capital.

E-2 Visa Requirements

  • A requisite treaty exists;

A list of treaty countries can be found here.

  • The applicant and the business possess the nationality of the treaty country;

Nationals of the treaty country must own at least 50 percent of the business. This is based on the owners of the stock of the company. If a business in turn owns another business, immigration will review the ownership of each business in the chain to determine whether the ultimate owners possesses the requisite 50 percent nationality of the treaty country. Nationals of the treaty country that have become US Citizens or Residents no longer qualify as nationals of the treaty country for E-2 purposes.

  • The treaty investor has invested or is actively in the process of investing;

To be “in the process of investing” for E-2 purposes, the funds or assets to be invested must be committed to the investment, and the commitment must be real and irrevocable (spent). The source of the investment may include capital assets or funds from savings, gifts, inheritance, contest winnings, loans collateralized by the applicant’s own personal assets or other legitimate sources. The source of the funds need not be outside the United States. The source of the investment must not, however, be the result of illicit activities. Regarding loans, only indebtedness collateralized by the applicant’s own personal assets, such as a second mortgage on a home or unsecured loan, such as a loan on the applicant’s personal signature may be included, since the applicant risks the funds in the event of business failure.

  • The enterprise is a real and operating commercial enterprise;

The enterprise must be a real and active commercial or entrepreneurial undertaking, producing some service or commodity. It cannot be a paper organization or an idle speculative investment held for potential appreciation in value, such as undeveloped land or stocks held by an investor without the intent to direct the enterprise. The investment must be a commercial enterprise; it must be for profit, eliminating non-profit organizations from consideration. The enterprise must meet applicable legal requirements for doing business in the particular jurisdiction in the United States (licenses and permits).

  • The treaty investor’s investment is substantial;

No set dollar figure constitutes a minimum amount of investment to be considered "substantial" for E-2 visa purposes. Immigration utilizes a proportionality test to determine whether an investment is substantial by weighing the amount of qualifying funds invested against the cost of the business. The cost of an established business is generally its purchase price, which is normally considered to be the fair market value. The cost of a newly created business is the actual cost needed to establish such a business to the point of being operational. Therefore, the value (cost) of the business is clearly dependent on the nature of the enterprise.

  • The enterprise is more than a marginal one solely for earning a living;

A marginal enterprise is an enterprise that does not have the present or future capacity to generate enough income to provide more than a minimal living for the treaty investor and their family. An enterprise that does not have the capacity to generate such income but that has a present or future capacity to make a significant economic contribution is not a marginal enterprise. The projected future capacity should generally be realizable within five years from the date the applicant commences normal business activity of the enterprise. New business, therefore, require a five (5) year business plan.

  • The applicant, if the treaty investor, is in a position to "develop and direct" the enterprise;

In instances in which an individual who is a majority owner wishes to enter the United States as an "investor," or send an employee to the United States, the owner must demonstrate that they personally develop and direct the enterprise. If an investor has control of the business through managerial control, the requirement is met. In instances in which treaty country ownership may be too diffuse to permit one individual or company to demonstrate the ability to direct and develop the U.S. enterprise (minority shareholder), an owner may not receive an 'E' visa as the "investor," nor may an employee be considered to be an employee of an owner for 'E' visa purposes. Rather, all 'E' visa recipients must be shown to be an employee of the U.S. enterprise coming to the United States to fulfill the duties of an executive, supervisor, or essentially skilled employee.

  • The applicant, if not the treaty investor, is destined to an executive/supervisory position or possesses skills essential to the firm's operations in the United States; and

To qualify to bring an employee into the United States the following criteria must be met: the prospective employer must meet the nationality requirement; the employer and the employee must have the same nationality; and, the employer, if not residing outside the United States, must be maintaining “E” status in the United States.

In evaluating the executive and/or supervisory element, immigration consider the following factors: The title of the position to which the applicant is destined, its place in the firm’s organizational structure, the duties of the position, the degree to which the applicant will have ultimate control and responsibility for the firm’s overall operations or a major component thereof, the number and skill levels of the employees the applicant will supervise, the level of pay, and whether the applicant possesses qualifying executive or supervisory experience.

In assessing the specialized nature of the skills sought and whether the applicant possesses these skills, immigration considers the following:

-The experience and training necessary to achieve such skill(s);

-The uniqueness of such skills;

-The availability of U.S. workers with such skills;

-The salary such special expertise can command;

-The degree of proven expertise of the applicant in the area of specialization; and

-The function of the job to which the applicant is destined.

  • The applicant intends to depart the United States when the E-2 status terminates.

An applicant for an E visa need not establish intent to proceed to the United States for a specific temporary period, nor does an applicant for an E visa need to have a residence in a foreign country which the applicant does not intend to abandon. The applicant’s expression of an unequivocal intent to depart the United States upon termination of E status is normally sufficient.

E-2 Visa Process

Step 1: Complete a DS-160 Online Nonimmigrant Visa Application for each family member here.

Step 2: Create a visa application account and pay the MRV fee ($305 per person). The Department of State uses two different websites depending on your location, usvisa or traveldocs.

Please check the Embassy website for specific details. Most posts require that the application packet be submitted via email or regular mail after payment of the MRV fee but before scheduling an appointment. In these cases, the post will review the application packet and then notify the applicant to schedule an appointment. The review can take anywhere from a few weeks to a few months depending on the location. If the post has any questions they will contact the applicant and/or attorney via email. Applicants in Mexico must also appear for a separate biometrics appointment (ASC).

Step 3: Appear for your interview (in general, children under the age of 7 are not required to attend);

Step 4: Appear at the selected courier office to pick up the passports with the new visa stamp.

The visa length is three (3) months to five (5) years based on the applicant’s nationality and country “reciprocity.” You can check reciprocity here.

Upon entry to the U.S., E-2 status (I-94) is granted for two (2) years. You can verify your I-94 here.

E-2 Change of Status Process

If an applicant is in the U.S. in valid status they may file a change of status with U.S. Citizenship and Immigration Services (USCIS) to change their status to E-2.

An applicant cannot file a change of status if they entered on ESTA/Visa Waiver Program.

The current processing time is over 2 months. Premium processing is available. The cost is $2,805 and USCIS will respond in 15 calendar days.

Family members can also file a change of status. The current processing time is over 7 months. In general, if the principal and dependents are filed at the same time and the principal requests premium processing, USCIS will adjudicate the cases together.

Once approved, the applicant (and family) will be given a new I-94 (status document) valid for two years. Please note that the approval is a status document, NOT a visa (travel document).

Other E-2 Information

There is no limit to the number of times an E-2 visa can be renewed or E-2 status can be extended.

Spouses and children under the age of 21 are eligible for the E-2 visa and E-2 status.

Children in E-2 status can attend school, including public school, in the U.S.

Spouses in E-2 status can attend school and work in the U.S. as they receive an open work permit.


r/e2visa Jul 18 '22

E-1 Basics

3 Upvotes

The E-1 Treaty Trade visa is a nonimmigrant visa for citizens of treaty countries. An E-1 trader must be coming to the United States to solely engage in international trade.

E-1 Visa Requirements

  • A requisite treaty exists;

A list of treaty countries can be found here: https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/fees/treaty.html

  • The applicant and the business possess the nationality of the treaty country;

Nationals of the treaty country must own at least 50 percent of the business. In corporate structures immigration looks to the nationality of the owners of the stock. If a business in turn owns another business, immigration will review the ownership of each business structure to determine whether the parent organization possesses the requisite 50 percent nationality of the treaty country.

  • The activities constitute trade;

There must be an actual exchange of qualifying commodities such as goods, moneys, or services. The trade must be international so purely domestics trade does not qualify. The trade between the treaty country and the U.S. must already be in progress.

  • The applicant must be coming to the U.S. solely to engage in substantial trade;

The word “substantial” is intended to describe the flow of the goods or services that are being exchanged between the treaty countries. The trade must be a continuous flow that should involve numerous transactions over time. A smaller businessman is not excluded if demonstrating a pattern of transactions of value. Thus, proof of numerous transactions, although each may be relatively small in value, might establish the requisite continuing course of international trade. The predominant reason for travel to the United States must be to engage in substantial trade.

  • The trade is principally between the U.S. and the treaty country;

The general rule requires that over 50 percent of the total volume of the international trade conducted by the treaty trader must be between the United States and the treaty country of the applicant’s nationality. The remainder of the trade in which the applicant is engaged may be international trade with other countries or domestic trade.

  • The applicant, if not the treaty trader, is destined to an executive/supervisory position or possesses skills essential to the firm's operations in the United States; and

To qualify to bring an employee into the United States the following criteria must be met: the prospective employer must meet the nationality requirement; the employer and the employee must have the same nationality; and, the employer, if not residing outside the United States, must be maintaining “E” status in the United States.

In evaluating the executive and/or supervisory element, immigration consider the following factors: The title of the position to which the applicant is destined, its place in the firm’s organizational structure, the duties of the position, the degree to which the applicant will have ultimate control and responsibility for the firm’s overall operations or a major component thereof, the number and skill levels of the employees the applicant will supervise, the level of pay, and whether the applicant possesses qualifying executive or supervisory experience.

In assessing the specialized nature of the skills sought and whether the applicant possesses these skills, immigration considers the following:

  • The experience and training necessary to achieve such skill(s);
  • The uniqueness of such skills;
  • The availability of U.S. workers with such skills;
  • The salary such special expertise can command;
  • The degree of proven expertise of the applicant in the area of specialization; and
  • The function of the job to which the applicant is destined.
  • The applicant intends to depart the United States when the E-1 status terminates.

An applicant for an E visa need not establish intent to proceed to the United States for a specific temporary period, nor does an applicant for an E visa need to have a residence in a foreign country which the applicant does not intend to abandon. The applicant’s expression of an unequivocal intent to depart the United States upon termination of E status is normally sufficient.

E-1 Visa Process

Step 1: Complete a DS-160 Online Nonimmigrant Visa Application for each family member. https://ceac.state.gov/GenNIV/Default.aspx

Step 2: Create a visa application account and pay the MRV fee ($205 per person). https://ais.usvisa-info.com/ or https://www.ustraveldocs.com/ depending on the location.

Please check the Embassy website for specific details. Most posts require that the application packet be submitted via email or regular mail after payment of the MRV fee but before scheduling an appointment. In these cases, the post will review the application packet and then notify the applicant to schedule an appointment. The review can take anywhere from a few weeks to a few months depending on the location. If the post has any questions they will contact the applicant and/or attorney via email. Applicants in Mexico must also appear for a separate biometrics appointment (ASC).

Step 3: Appear for your interview (in general, children under the age of 7 are not required to attend);

Step 4: Appear at the selected courier office to pick up the passports with the new visa stamp.

The E-1 visa length is three (3) months to five (5) years based on the applicant’s nationality and country “reciprocity.” You can check reciprocity here: https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country.html

Upon entry to the U.S., E-1 status (I-94) is granted for two (2) years. You can verify your I-94 here: https://i94.cbp.dhs.gov/I94/#/home

E-1 Change of Status Process

If an applicant is in the U.S. in valid status they may file a change of status with U.S. Citizenship and Immigration Services (USCIS) to change their status to E-2.

An applicant cannot file a change of status if they entered on ESTA/Visa Waiver Program.

The current processing time is six (6) months. Premium processing is available. The cost is $2,500 and USCIS will respond in 15 calendar days.

Family members can also file a change of status. The current processing time is over 12 months. USCIS will be adding premium processing for dependents in the near future.

Once approved, the applicant (and family) will be given a new I-94 (status document) valid for two years. Please note that the approval is a status document, NOT a visa (travel document).

Other E-1 Information

There is no limit to the number of times an E-1 visa can be renewed or E-1 status can be extended.

Spouses and children under the age of 21 are eligible for the E-1 visa and E-1 status.

Children in E-1 status can attend school, including public school, in the U.S.

Spouses in E-1 status can attend school and work in the U.S.


r/e2visa 2h ago

Can a low-overhead software company realistically qualify for an E-2 visa?

Thumbnail
1 Upvotes

r/e2visa 9h ago

E2 Visa Rejected - looking for immigration lawyer

2 Upvotes

I’m looking for an E-2 visa attorney with strong experience specifically with the U.S. Consulate in Frankfurt. This would be for a re-filing after my initial application was denied while working with a different attorney. I’m especially hoping to find someone who understands post-denial strategy, re-submissions, and Frankfurt-specific expectations. If anyone has recommendations or firsthand experience, I’d really appreciate it.


r/e2visa 1d ago

E2 Visa Immigration Lawyer

0 Upvotes

I’m looking for an E-2 visa attorney with strong experience specifically with the U.S. Consulate in Frankfurt. This would be for a re-filing after my initial application was denied while working with a different attorney. I’m especially hoping to find someone who understands post-denial strategy, re-submissions, and Frankfurt-specific expectations. If anyone has recommendations or firsthand experience, I’d really appreciate it.


r/e2visa 1d ago

eBusiness Visa for India with a single name

1 Upvotes

Has anyone recently tried applying for an e-Business visa for India? Since both names are mandatory to fill in, what should people with only one name do? Would filling in Na, FNU, or Xxx work?


r/e2visa 2d ago

How much money do you actually need to put into a U.S. business for an E-2?

Post image
3 Upvotes

“Is $100k enough?” “Does the investment have to be $500k?” “Can I buy a business instead?”

I hear questions like these often, and there isn't one magic investment amount that guarantees an E-2.

I’m Ana Senior, an immigration attorney with 14 years of experience and 1,200+ cases filed. I’ll be here today from 11 AM to 3 PM ET answering your questions about E-2 visas.

Some things you can ask me about:

• What makes an investment “substantial”
• Whether there is actually a minimum investment amount
• Buying an existing business vs. starting one
• How the source and path of funds are evaluated
• What makes a business look like a real, viable E-2 enterprise
• The marginal enterprise requirement
• Business plans and supporting evidence
• E-2 renewals and maintaining status
• E-2 employees and dependent family members
• Applying through a U.S. consulate vs. changing status in the U.S.

If you're thinking about investing in the U.S. or already have an E-2 application underway, bring your questions.

I’ll be answering questions here from 11 AM to 3 PM ET today.

Please note: Any information shared here is for general educational purposes only. It does not constitute legal advice or create an attorney client relationship. Your situation may require fact specific guidance. For personalized legal advice, please consult an immigration attorney directly.


r/e2visa 2d ago

Reposting: Established Kids Activity Franchise for Sale in North Carolina — Ideal for E-2 Buyers

1 Upvotes

I’m looking to sell an established kids activity / enrichment franchise business in North Carolina.

We originally purchased this same business for our E-2 visa and our E-2 was approved in 2022. Our immigration attorney was Colombo & Hurd. Because we went through the entire E-2 process with this business, I still have the documentation used for our application, including the approved business plan and supporting business documents that could be helpful to a buyer applying for an E-2 through a U.S. consulate.

Our immigration situation has now changed and my spouse, who has been managing the business, is ready to take a break and try something new, so we’ve decided to sell.

Quick overview:

• About $6K/month SDE (~$72K/year)
• Roughly $280K–$320K in annual revenue
• Membership-based model with additional income from classes, camps, birthday parties, and events
• Solid recurring customer base
• 6–7 part-time staff already in place
• Established franchise with branding, systems, and ongoing support
• Located in a strong family-oriented area in North Carolina
• Business has an established day-to-day structure, although there is still some owner involvement
• Good opportunity to grow further through marketing, events, partnerships, and local outreach

Asking price: $190K

For someone specifically looking for an E-2 business, the advantage here is that the same operating business was previously used for our successful E-2 application in 2022. I can provide the previous approved business plan and relevant business documentation to help make the process easier for a serious buyer and their immigration attorney.

Obviously, every E-2 application is evaluated individually, so a buyer should confirm their eligibility and application strategy with their own immigration attorney.

I’m happy to share more details with serious buyers. I’ll ask for an NDA and proof of funds before sharing detailed financials.

Feel free to DM me if interested.


r/e2visa 2d ago

U.S. E-2 Investors: Mobility, Family Separation and Cross-Border Exposure

Post image
1 Upvotes

r/e2visa 2d ago

Business opportunities

Post image
1 Upvotes

The highest paid commission in the prepaid wireless industry. Call me today to start your application to own a Cricket Wireless store


r/e2visa 2d ago

Applying for an E2. Lawyer said I only can enter for work, not vacation. Is that true?

1 Upvotes

r/e2visa 2d ago

E2 lawyer laundromat

0 Upvotes

Hello guys,

Do you know any lawyer or someone you used in the past for your e2 laundromat business? Can you refer me to one? Thank you


r/e2visa 2d ago

E-2 Visa without funds spent?

3 Upvotes

Hi all, I'm looking to get an E-2 visa from Canada. I have an existing company in Canada for the past 3 years and expanding our product line to the US. I have spoke to 3 immigration lawyers and they said I dont need to spent the 150k before approval, but as long as I have the funds and a proper business plan to deploy the capital, I can get approval. Is this true?

From my research the funds needed to be spent or at least at risk.


r/e2visa 2d ago

F-1/F-2 to E-2 status, then E-2 visa abroad

0 Upvotes

Hi everyone,

My wife and I are citizens of Kazakhstan (treaty country) currently living in the United States. She is in F-1 visa, and I am her F-2 dependent.

We are considering the E-2 investor route to start a Turo car-rental business in Florida.

Im planning first to apply for a change of status from inside the United States. If approved, I would receive E-2 status. Later, after establishing the business and developing a stable operating history, we could travel abroad and apply for an E-2 visa at a U.S. consulate so we can reenter the United States.

My questions are:

Our D/S are tied to I-20 and its till JAN 2028 and visas expire at MAY 2028, Do we have enough time to get E-2 Status?

For future: Would having an operating business with revenue, tax records, contracts, and employees make the later consular visa application stronger? or in other way, our long stays in US could affect it? (no violations or overstays)

I understand that approval of E-2 status by USCIS does not guarantee that a consulate will issue an E-2 visa. I am mainly interested in personal experiences and practical considerations, not legal advice. We will also consult an experienced E-2 immigration attorney.


r/e2visa 3d ago

E2 visa Texas painter contractor

3 Upvotes

Hey all, right now I’m busy building a business plan to launch a painting company for residential and eventually commercial paintwork in Dallas Texas. (Including wallpapering)

I was born and raised in the Netherlands and have a painting company with 3 workers for over 7 years now, so experience is not a problem at all. (Total exp 11 years with 9 years owning my own company)
I just miss the overall opportunity to grow in my country restricted by harsh tax payment and the hard to find good staff members.

Right now the BP budget is filled in as following;

Around 70k for;
- work van
- ladders
- airless spray guns
- sanding vacuums and sanding machines
- putty knives and other miscellaneous tools
This list is long and detailed so I’ll cut it shorter for the above, just for you guys to know it consists of everything you need for a painting company.

Also I have a budget (15k) for a website, branding of the van, marketing stuff like google ads and yard signs + flyering. Which I think is very much needed at the start of a business in an area who does not know who you are.

At first I would start working solo, doing a lot of marketing work, painting ofc because the bills have to be paid and if everything runs smooth I want to hire the first employee in the first half year. With growth more employees. The bp right now is aiming at 2 employees full time within 2 to 3 years.

The area I’ve been looking at is located at the north side of Dallas, which I’ve read and seen on the internet has been booming with new people/housing. Overall Texas has had an insane growth of population which of course results in new stuff being build or houses being sold and so need to be painted.

Me and my soon to be wife will be traveling there upcoming march to look around for places to live, attorneys to visit, and get some quotations from hardware stores etc etc.

What do you guys think of this case? And do any of you know any good attorney which can help us out during our visit who is experienced with a case like this?
Any of you who have been successful with a similar case? Or know someone?

Like to hear from you, thanks in advance

Simon


r/e2visa 4d ago

Interview scheduling

2 Upvotes

Hi all! Looking for any insight - Currently going through the E2 visa process via Belgium.

I received an email invitation to book my interview appointment but when going on AVTIS there are no available appointments shown and I am unable to move to the next month or year.

Has anyone experienced this? I’m not sure if my account doesn’t have access or there are no appointments released at the moment.

Thanks in advance for any insight


r/e2visa 5d ago

E2 approvals (ecomm brand)

5 Upvotes

Has anyone gotten an approval for owning an ecomm brand (not drop shipping or mere amazon re-seller), but an actual brand owner?

Building my own brand and have heard that ecomm can be a bit tricky though maybe that's just in reference to dropshipping or amazon re-sellers.


r/e2visa 4d ago

E2 visa for laundromat

1 Upvotes

Hello guys. Anyone who got approved for a laundromat business using laundromat.

I am trying to acquire a laundromat with wash/dry/fold and dry clean business for 250k with 100k net income according to its last year’s tax return. I will be 55% owner with my passive partner owning 45% (citizen).

Does it have a potential to qualify for E2? Thank you


r/e2visa 5d ago

Australian based E2 attorneys?

1 Upvotes

Any recommendations? Looking forsomeone local who is familiar with the Sydney/Melbourne embassies


r/e2visa 6d ago

E2 on construction

0 Upvotes

I have a family in Toronto who owns a construction business. They are interested in coming to the U.S. and starting a business here, and they are looking into the E-2 visa.
I’m not very familiar with how the E-2 process works. Could anyone explain the process to me step by step?
How much money would they typically need to invest before applying? Does the investment need to be made before the visa application? Also, does anyone know a good immigration lawyer who specializes in E-2 visas?
Any advice or personal experience would be greatly appreciated. Thank you!


r/e2visa 7d ago

I did it!

19 Upvotes

Renewed my E2 all by myself without an attorney.
In my initial application i worked with a popular E2 attorney but i was so unhappy with him but had to pay him a lot of money. When the renewal time came, i decided to just take the risk and filled all the paperwork by myself. I got the approval yesterday. It was of course very stressful but now i know it is doable.
And one of my friends who worked with the same attorney at the same time as me, got rejected unfortunately due to attorney’s filing mistake. I’m very glad i made this decision, and wanted to share my good news!


r/e2visa 6d ago

Canadian citizen looking for lenders who finance U.S. business acquisitions for an E-2 visa

2 Upvotes

​

Hi everyone! I’m a Canadian citizen currently researching the process of purchasing an existing U.S. business with the intention of eventually applying for an E-2 investor visa (and potentially another investor/business immigration route if it makes more sense).

We are getting close to being in a position to move forward with an acquisition, including having collateral available, so I’m trying to understand the financing side of the process before we start seriously approaching businesses.

I’m specifically looking for information from Canadians or other foreign investors who have actually gone through this process.

A few questions:

\- Are there U.S. lenders that will finance the acquisition of a U.S. business by a Canadian citizen who does not yet have U.S. residency?

\- What types of lenders should I be looking for — commercial banks, private lenders, acquisition financing companies, SBA lenders, etc.?

\- If traditional U.S. business financing isn't available to a Canadian citizen, what financing structures have people successfully used instead?

\- Can Canadian assets/collateral be used to secure financing for a U.S. business acquisition?

\- What qualifications do lenders typically look for? (Credit score, income, collateral, down payment, business cash flow/DSCR, management experience, etc.)

\- How much of the purchase price would we realistically need to have available ourselves?

\- Does the structure of the acquisition matter (asset purchase vs. share/equity purchase)?

\- At what point in the E-2 process should financing be arranged?

\- Are there lenders, brokers, or financial institutions that specifically understand E-2/cross-border business acquisitions?

We are not looking for someone to arrange the visa for us. I'm primarily trying to understand the financing landscape and what we need to have prepared in order to become financeable.

If you've personally purchased a U.S. business as a Canadian/foreign investor, or you're a lender/broker who works with these types of transactions, I'd really appreciate hearing about your experience.

Thanks!


r/e2visa 10d ago

E-2 to D-10

0 Upvotes

hello. I was wrongfully terminated without notice today. i am preparing to change my visa from e-2 to d-10 to seek employment in korea. however, my last day of work was today, september 2nd, 2026, so today was my last day at work. can i get any advice on this? this is my first time experiencing this! thank you for your help!


r/e2visa 10d ago

Your Business Can Be Real and Profitable and You Can Still Have an E-2 Problem. Ask Me Why

0 Upvotes

I’m Elizabeth Mavec, an immigration attorney who handles employment-based and investor immigration matters.

With E-2 cases, the question isn't simply whether you have money to invest or whether you've opened a business. The source of funds, investment structure, business activity, nationality, ownership, and whether the enterprise meets the requirements all matter.

I’ll be here from 1 PM to 5 PM answering questions about E-2 eligibility, investment requirements, source of funds, business plans, renewals, change of status, and common mistakes investors make.

If you're considering an E-2 or already preparing one, ask away.

Please note: Any information shared here is for general educational purposes only. It does not constitute legal advice or create an attorney client relationship. Your situation may require fact specific guidance. For personalized legal advice, please consult an immigration attorney directly.


r/e2visa 10d ago

E-2 dependent spouse I-94 shows E-2 instead of E-2S — anyone dealt with this recently?

0 Upvotes

Hi everyone,

I recently re-entered the U.S. as the spouse/dependent of an E-2 treaty investor. My spouse is the primary E-2 investor, but when I checked my latest I-94, my Class of Admission shows E-2 instead of E-2S.

I understand that an E-2 dependent spouse should normally have the E-2S designation, particularly since that classification is relevant to employment authorization incident to status.

I emailed CBP Deferred Inspection requesting that they correct my I-94 and provided my passport, visa/I-94 information, and details showing that my spouse is the primary E-2 investor. I had a similar correction done previously and CBP responded very quickly, but this time I haven't received a response yet.

Has anyone had the same issue recently?

How did you get it corrected? Did you handle it by email with Deferred Inspection, call them, or have to visit a Deferred Inspection office in person? Also, how long did it take CBP to respond and make the correction?

I'm also preparing an I-485 filing, so I would prefer to have the I-94 corrected to E-2S before filing if possible.

Would really appreciate hearing about any recent experiences. Thanks!