What if I can’t leave the US to renew my E-2 status?

The various travel bans and the consequent cancellation of flights have made it virtually impossible to travel back and forth with an E-2 visa. Since E-2 visa holders renew their status by leaving and returning to the United States for a new period of E-2 status, interruption of international travel interferes with the ability of E-2 visa holders to renew your status in the United States.

The main solution for E-2 visa holders, in this situation, is to apply to USCIS for an extension of their status. If you are an E-2 dependent who needs to extend your status, then it is very easy to apply for the dependent’s extension of status. If it is the E-2 investor, E-2 manager, or E-2 specialist who needs to extend their status, then a full formal petition must be prepared and documented, documenting that the E-2 investment company meets all requirements. for E-2 status.

Some E-2 companies are not in strong enough condition and / or do not employ any US workers, so the extension request may not be approved. In some circumstances, if the company is still in its early stages and presents a compelling business plan that explains how it will achieve profitability and employ American workers in the near future, then the extension request could, however, be approved. If the extension request is unlikely to be approved, then the primary E-2 visa holder and family members may need to travel outside of the United States as soon as the travel ban is lifted, and before that the extension request be denied in order to return and obtain a new period of E-2 status.

I would also like to point out that the USCIS will likely show some understanding and consideration for the fact that many businesses have practically had to close as a result of the current Coronavirus Crisis, and therefore may not show any current income or employment for workers. On the other hand, if the company was already inactive or even close to meeting the E-2 visa requirements prior to the Coronavirus Crisis, then the USCIS might not be as understanding, and could then deny the extension request.

If you are in the United States with an E-2 status that expires in the coming months, then you should consider applying to USCIS to extend your E-2 status. We can help you assess your situation and the probability of success in applying for an extension of your E-2 status. If it makes sense to apply for your status extension, then we can help you do so. If you are interested in discussing your situation in a free consultation contact us.

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