How Long Does It Take to Obtain an E-2 Visa?

The E-2 Visa is a critical pathway for foreign investors and their families to live and work in the United States. While many questions surround this visa, one of the most frequently asked concerns is: How long does it take to obtain the E-2 Visa? The answer to this question is multifaceted, influenced by both the preparation required and the processing time by the government. In my experience, over a dozen years of handling E-2 visa applications, the biggest bottleneck is often the time taken to gather and prepare the necessary documents. This article aims to provide a comprehensive understanding of the E-2 visa process and how long it generally takes to obtain.

Understanding the E-2 Visa

The E-2 Visa allows foreign investors and their immediate family to reside in the United States. This visa facilitates the development and direction of a commercial enterprise. However, success in securing an E-2 Visa hinges on meeting several strict criteria, ensuring the documents provided are comprehensive and accurate.

The Application Process

There are two primary methods for applying for an E-2 Visa:

Changing Status within the U.S.: For those already in the United States under a different visa, such as an F-1 student or H-1B professional, the E-2 Visa can be applied for through the United States Citizenship and Immigration Services (USCIS) by filing a change of status application. Applying from Abroad: If an applicant is not currently residing in the U.S., they must apply for an E-2 Visa through a U.S. Consulate outside of the country.

Generally, applying from a foreign country is a longer process than applying for a change of status while already in the U.S. The length of time can vary depending on the specific circumstances and the application method chosen.

Preparing the E-2 Visa Application

Before filing an E-2 Visa application, both the applicant and their attorney need to ensure all necessary documentation is gathered and ready. Each applicant must:

Be a citizen of a country with a treaty of commerce and navigation with the United States. Make a substantial investment in a new or existing business in the U.S. Invest in a business that is in operation or close to commencing operations, and that contributes to the U.S. economy. Develop and direct the E-2 business.

Preparing an E-2 Visa application can take from a few weeks to several months, with the duration varying based on the specific business and the applicant's goals.

Filing for Change of Status

For applicants already in the U.S., the process involves filing with the USCIS. The application review process typically takes around five months on average. However, this duration can fluctuate based on various factors.

An accelerated option, Premium Processing, is available for a fee of $1,225. If chosen, the application is reviewed, and the result, whether approved or denied, is provided within 15 days.

The U.S. Consulate Process

The majority of E-2 Visa applicants must apply through a U.S. Consulate in their home country. Processing times for these applications can range from two weeks to four months, depending on the consular office and the applicant's specific case.

After initial documentation is reviewed, an in-person interview is scheduled. If the application is approved, it may take up to a week for the E-2 Visa to be issued on the applicant's passport.

In conclusion, obtaining an E-2 Visa is a complex process that requires careful planning and thorough preparation. Understanding the required steps and the potential timelines can help applicants make an informed decision and streamline the application process for a smoother experience.