If you are a Canadian using an E-2 visa in the United States, you need to understand E-2 visa renewal in Canada. Like other types of U.S. visas, E-2 visas have limitations regarding how long they are valid. So, to ensure that your visa remains valid, allowing you to legally stay in the U.S., you need to understand the E-2 extension requirements. Keep reading to find out what an E-2 visa is and how you can renew or extend an E-2 visa in the U.S. as a Canadian.
What is an E-2 Visa and How Does it Work?
An E-2 investor visa is a non-immigrant visa option often used by Canadians so that they can invest in a U.S. business or develop a U.S. business. To qualify for this type of visa, you have to be a national of an E-2 treaty country.
Once you have acquired an E-2 visa, you need to understand the terms of this visa so that it remains valid throughout your stay in the U.S. Depending on the treaty country you are a national of, the validity period can range anywhere between three months and five years. However, the validity period is up to five years for Canadian nationals.
In addition to the validity period, you also need to be aware of the period of authorized stay, which applies to each entry into the U.S. This period of authorized stay for Canadians is two years.
When it comes to treaty investor visa renewal and extensions, it is always best to act as soon as possible. To avoid delays or applying too late, you should apply to renew your E-2 visa around six months before the expiration date.
What’s the Difference Between E-2 Visa Renewal and Extension?
Before we discuss how to renew an E-2 visa from Canada, we need to go over the differences between renewal and extension. Although these options are commonly lumped together when it comes to navigating E-2 visa expiration in Canada, they are very different.
Applying for a USCIS E-2 extension is the process of requesting that the validity of your current E-2 visa be extended. This may help you extend the validity period by a few months or a few years, depending on the situation.
Whereas, applying for a renewal is when you are applying for a new E-2 visa that will replace the existing one that is nearing its expiration date.
Applying for an extension can be a good option if you meet the qualifications and only wish to remain in the U.S. temporarily. On the other hand, if you have long-term plans for your U.S. investments or business, it may be best to simply apply for a new E-2 visa.
Key Requirements for E-2 Visa Renewal
Now that you know what E-2 Visa renewal in Canada means, as well as what it means to extend an E-2 visa in the U.S., how do you go about doing this? The good news is that if you have chosen to renew your E-2 visa, which is a popular option, the process is similar to when you first applied for the visa.
Here is a breakdown of the different things you need to include when applying for an E-2 visa renewal:
- File form DS-160
- Complete form DS-156E
- A copy of your payment receipt
- Copies of business tax returns for the past five years
- Profit and loss statements
- Proof of substantial investment
- Prove that the invested funds are at risk
- Form I-129
- A letter detailing your job in detail
- Proof that the invested funds are legitimate
- Copies of payroll, financial statements, and financial documents
- Proof of physical presence in the U.S.
- Copy of passports bio data page
- Copies of any existing U.S. visas, U.S. entry or exit stamps, and Form I-94
In addition to collecting all of these documents, you also need to attend a visa interview at the U.S. Embassy or a USCIS office.
What Happens If Your E-2 Renewal Is Denied?
Although uncommon, it is possible that your E-2 visa renewal application may be denied. This may happen if you have not provided enough evidence to support your application, or it is deemed that the business no longer meets the E-2 requirements.
If denied, you can request that your case be re-reviewed if you believe that the denial was a mistake. You can do this by filing a motion to reconsider or a motion to reopen as a way of challenging the USCIS’s decision. You can also file a joint motion to reconsider and reopen if you believe this will be more effective.
Another option you have is to file an appeal with the administrative appeals office. However, depending on the reason for the denial, it may be in your best interest to simply address the issue that resulted in the denial and resubmit your application.
Before you move forward with any of these options, the first thing you need to do is hire an immigration attorney if you haven’t already done so. An immigration attorney can help you choose the right course of action, ensuring you take the correct steps to get the best possible outcome.
Hire an Immigration Attorney Today
Do you need help with E-2 Visa revalidation in Canada? Contact us today at U.S. Immigration Law Counsel at 800-666-4996 to speak with an immigration attorney about your situation. We will deal with the government, so you don’t have to!
FAQ Section:
How many times can I renew my E-2 visa?
As long as you have followed the rules for your visa, there is no limit to the number of extensions you can request for an E-2 visa.
Do I need to reinvest new capital when renewing?
No, it is not required that you invest additional capital into a U.S. business when you are renewing your E-2 visa. However, you will have to provide proof that your E-2 business still meets the requirements for an E-2 visa.
Can I stay in the U.S. while my E-2 extension is pending?
If your E-2 extension is pending when your non-immigrant status expires, you are allowed to remain in the U.S. for up to 240 days.
