If you are in the United States on an E-2 visa and notice the expiration date on your visa stamp is approaching, you might worry about your legal status. The good news is that your lawful stay in the U.S. is governed not by your visa’s expiration date, but by the validity of your Form I-94, the official Arrival/Departure Record.
Understanding Visa Expiration vs. I-94 Validity
It is a common point of confusion, but a visa and your lawful status are two different things. A visa is essentially a travel document that permits you to request entry into the United States at a port of entry. Your I-94, on the other hand, is the official record of your admission and dictates the terms and length of your authorized stay.
Why Your I-94 Is the Controlling Document
When you enter the U.S. with a valid E-2 visa, a U.S. Customs and Border Protection (CBP) officer creates an I-94 record for you. This record typically grants two years of E-2 status from your date of entry, regardless of your visa’s validity period. This means that even if your E-2 visa expires while you are in the U.S., you can legally remain and continue to operate your business as long as your I-94 has not expired.
Traveling After Your E-2 Visa Expires
The main function of your visa stamp is for entry. If your E-2 visa has expired and you travel outside of the United States, you will not be able to re-enter with that visa. Before you can return, you must apply for a new E-2 visa at a U.S. consulate or embassy in your home country. During this renewal process, a consular officer will review your application to ensure your business is still active and compliant with all E-2 visa requirements.
Key Steps for E-2 Visa Holders
To avoid any legal issues, it is crucial to monitor both your visa and I-94 expiration dates. Always check your electronic I-94 record on the CBP website to confirm your “Admit Until Date.” Understanding this distinction is key to managing your status effectively. If you have any questions about your I-94 or upcoming visa renewals, schedule a consultation with us to ensure you remain in compliance.
