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E-2 Visa - Frequently Asked Questions

7.

How do I apply for extension of stay on E-2 visa?

To apply for E-2 extension you must submit Form I-129, Petition for Nonimmigrant Worker, along with E Supplement and submit Form I-539, Application to Extend or Change Nonimmigrant Status, for accompanying relatives. Along with it you must submit:

  • Copy of your Form I-94 Arrival-Departure document
  • Copy of original Form I-797, Notice of Action, if your status was previously approved or extended in the U.S. or
  • Copy of your complete passport including the E-2 visa
  • Letter from your employer stating that your extension is required and
  • Copy of your personal and U.S. business income tax returns for the past two years, including payroll tax returns

Note: If you file for extension before the expiry of your I-94 you may continue working for 240 days while waiting for the decision. If you file after the expiry of the visa you may stay up to 40 days awaiting the decision. If there is no decision within the 40 days you are supposed to leave terminating your work in the U.S.

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8.

Can I revalidate my E-2 visa?

No, you may not apply for visa revalidation of your E-2 visa by mail without leaving the U.S.

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