E-2 Visa and Premium Processing

The E-2 visa classification allows a national of a treaty country to be admitted to the United States when investing a substantial amount of capital in a U.S. business. U.S. Citizenship and Immigration Services (USCIS) offers premium processing for some E-2 applications. An applicant can request premium processing for a change of status or an extension of stay.

E-2VisaWorld assists investors in New York with E-2 visa matters. We can help you determine the appropriate filing strategy, confirm if premium processing is available for your situation, and prepare an application package that meets all E-2 requirements.

What is the E-2 Visa?

The E-2 visa is a non-immigrant visa category that allows individuals from treaty countries to reside in the United States to invest in and manage businesses. To qualify, the investor must be a citizen of a country that has a bilateral treaty of commerce and navigation or a bilateral investment treaty with the United States. 

The investor must also demonstrate that they are making a substantial investment in a bona fide enterprise, which can include starting a new business or acquiring an existing one. There is no specific dollar amount required, but the investment must be large enough to show it can support the business’s success and prove the investor is financially committed.

Remember that the business must be legitimate and actively produce goods or services. It cannot exist only to help the investor get a visa. The investor must also have control over the business, either by owning it or by holding a key management role with decision-making power.

In New York, E-2 applications are carefully reviewed. Immigration officials check business plans, financial records, and ownership documents to make sure the investment meets all the rules.

How USCIS Premium Processing Actually Works

USCIS premium processing is a paid service that speeds up the review of certain petitions filed within the United States. This service does not apply to visa applications filed at U.S. consulates in other countries. When this option is available, the petitioner submits Form I-907 along with their main application. In exchange for the fee, USCIS promises to take action on the case within a specific timeframe.

As of February 2024, the fee for most Form I-129 petitions is $2,805. For this amount, USCIS must provide a response within 15 calendar days. It is important to know that a response is not the same as an approval. USCIS might approve the case, deny it, or ask for more evidence. The benefit of this service is speed and predictability rather than a guaranteed positive result.

Premium processing is only for specific work-related filings handled by USCIS. One example is the E-2 extension of stay or a change of status filed on Form I-129. However, this service is never an option for visa applications processed at U.S. embassies or consulates. You cannot pay to speed up a consular E-2 visa interview. In very rare cases, an applicant can ask for a faster interview for free, but these requests are only granted if the person meets very strict rules.

There is also a major difference between a visa and status. If you file with USCIS, you receive E-2 status, not an E-2 visa. Status allows you to live and work legally inside the U.S., but it does not allow you to travel internationally and return. If you leave the country, your status ends. You would then need to apply for a visa at a consulate to re-enter the U.S. in E-2 classification.

Is E-2 Visa Eligible for Premium Processing?

Premium processing is not an option for E-2 visas requested at U.S. embassies or consulates in other countries. Only a consular post can issue a physical visa. Because these applications are handled by the Department of State rather than USCIS, they are not eligible for the premium processing service.

You can only try to expedite an interview appointment at the consulate by applying for an “expedite interview appointment”. Such application, that is free of charges, may be granted or denied depending on many factors, including consular workload and reason for the request.

Premium processing is only available when an E-2 application is filed within the United States through USCIS. In this case, an investor can pay for faster service to change their legal status or extend their stay. However, even if USCIS approves the request, they do not issue a visa. They only grant E-2 status.

It is important to understand the difference between a visa and status. A visa allows you to travel internationally and re-enter the U.S. in the E-2 category. E-2 status allows you to live and work in the U.S. legally, but that status ends as soon as you leave the country.

If you have status but no visa, you must apply for a new E-2 visa at a consulate before you can return. For most investors who need to travel, applying through a consulate is the most practical choice.

Why Legal Strategy is Important for E-2 Premium Processing

Premium processing offers faster E-2 visa decisions, but it is not a solution for a weak application. In fact, speed can highlight mistakes rather than hide them. A good legal strategy is essential to ensure a strong case from the start.

Key strategic decisions include:

• Choosing where to file: Applying through USCIS in the U.S. or a U.S. consulate abroad are very different processes. This choice affects which documents are needed, how your case is judged, and your rights after approval. For example, getting an E-2 status change in the U.S. is fast but may prevent international travel. A lawyer helps you weigh these options based on your business needs.
• Preparing your documents: With premium processing, there is little time to fix errors or provide missing information. A lawyer ensures all your documents, such as your business plan, source of funds, and ownership records, are organized and complete before you file.
• Responding to requests: If the government requests more information (an RFE), premium processing gives you a very short deadline to respond. Legal counsel is critical for preparing a quick and accurate response that meets all legal requirements.

Ultimately, a well-planned legal strategy ensures that premium processing works as an effective tool for your business. It helps you avoid unnecessary risks and increases your chances of a successful outcome.

Contact E-2VisaWorld Today!

Deciding what is best between an E-2 visa consular application and a change to E-2 status is not always easy, as many factors come into play. Different aspects should be considered, including the fact that the duration of the E-2 visa changes depending on the country of nationality of the applicant.

In fact, sometimes E-2 Visa have such a short duration that it may be worth it to apply for change of status instead.

Our team of immigration lawyers is here to guide you every step of the way, ensuring a seamless E-2 visa application process. Don’t let opportunities pass you by – seize the chance to establish your business and live in America. 

Contact us today by filling out the form below or submitting our E-2 Visa Eligibility Survey.