As border entries are given increasing scrutiny, many Canadians are wondering how to prepare the right documentation and information when driving to the U.S. on an E-2 visa, whether it be for work, study, or for pleasure. Here is a guide informed by real-world experience on what you can expect when crossing the U.S. land border with an E-2 visa that may help you be better prepared and approach the process with more confidence. For most work visa categories, Canadians do not need a visa stamp (a laminated sticker that is issued on one of the pages of one’s passport) but for certain types of visas they do, one of them being the E-2 visa.
- At a land border, you must proactively request an I-94 the first time you enter on a new E-2 visa; do not use the NEXUS lane.
- Bring your passport with the E-2 visa, plus backup documents like a job offer letter, pay stubs, cargo list, and required pet forms when applicable.
- After every entry, check your I-94 on the CBP website to confirm status and duration, and correct any errors through a Deferred Inspection Site or border re-entry.
Essential Advice for Driving to the U.S. on an E-2 Visa
The process for driving into the U.S. with a new E-2 visa is a bit different from the case where you’re flying in. While the issuance of one’s I-94 is automatic at airports, at land borders a Canadian needs to specifically request to be issued an I-94 the first time they drive in with a new E-2 visa. This is a critical step for those who have recently completed their E-2 visa consular processing at a U.S. Consulate.
If you’re a NEXUS holder and driving in for the first time on a new E-2 visa, you should not use the NEXUS line but use the ordinary line. If you signed up for NEXUS before your visa was granted, going through NEXUS may automatically admit you in the wrong category (as a B-1/B-2 visitor) instead of admitting you in E-2 status.
Documentation Requirements for Driving to the U.S. on an E-2 Visa
For the first border entry, the most important piece of documentation is bringing your valid passport that contains your E-2 visa and having it ready to show the officer. As backup evidence, you may also want to have a copy of the job offer letter in your file in case you need additional substantiation, especially if you are entering as an E-2 essential employee. For subsequent entries, you may have on hand your most recent pay stubs from the E-2 employer for additional confirmation that you continue to maintain your employment, should it become relevant.
If you are moving your belongings at the same time, you should bring an itemized list of all cargo you are bringing (if you are using a mover, a separate CBP form is needed). If you are bringing a dog, there is also a distinct form you need to fill out called a CDC Dog Import Form, and you may need to have certain documents on hand such as a rabies certificate as instructed on this form.
What to Expect at the Border: Primary vs. Secondary Inspection
When you approach the primary inspection officer and roll down your window, it is recommended to open your passport to the page where your E-2 visa is printed and explain proactively that you hold an E-2 visa and are coming in for work purposes. You should also explain that you will need an I-94 to be issued. At this point, the officer will instruct you to switch on your hazard lights and direct you to drive to a separate building, which is the secondary inspection area. This is a customary process so do not be intimidated.
Once you enter the secondary inspection office, there will be a waiting area where you can sit and wait for your name to be called at one of the booths by a CBP officer. Once called, you can approach the booth and will be asked a couple of questions. The officer will likely ask about your occupation and the nature of the U.S. work opportunity that formed the basis of the visa. The officer will also ask about the U.S. address where you will be staying. It is important to keep an address in mind to tell them, even if it is temporary.
Paying for and Receiving Your I-94
After verifying these details, and if all the answers are satisfactory, the officer will direct you to pay a fee, which is USD $30 at the time of writing, for the issuance of the I-94. For an E-2 visa holder, the I-94 issued will be valid for 2 years from the date of entry (unless if there are other issues, such as a shorter validity period of one’s passport). Keep in mind the validity period of your most recent I-94 governs the authorized length of your stay, not the validity of your E-2 visa.
After your initial I-94 is issued, if you make a short trip to Canada and drive back to the U.S. while having an active I-94 with plenty of validity time left, you may simply be “waved in” at the land border once the primary inspection officer checks your visa and I-94. When you are approaching the end of your I-94 validity period, you can ask the primary inspection officer that you’d like a new I-94 to be issued, and repeat the process of going through secondary inspection to get a renewed I-94 for another 2 years.
Why You Must Check Your I-94 After Every Entry
Upon each entry into the U.S., it is very important to visit the CBP web portal and click on the “Get Most Recent I-94” menu, enter your passport and biographic details, and pull a copy of your I-94 to verify that you have been admitted for the correct duration. You may want to save a print-to-pdf copy on your computer and also retain a print copy for your records. If you were erroneously given a duration of stay that is unexpectedly short, being aware of it in advance is critical to avoid unintendedly overstaying.
Another common error is that an officer may admit an E-2 Spouse visa holder in the principal “E-2” category, rather than in “E-2S” which is the category specific for E-2 spouses. Though it is only a one-letter difference, the practical implications are momentous, because only an I-94 marked “E-2S” can serve as proof of work authorization incident to status. For investors weighing their long-term path, it’s also helpful to understand how these status rules compare to other programs like the E-2 vs. EB-5 visa.
What to Do If Your I-94 Contains an Error
If the CBP made a mistake in issuing your I-94, there are two ways to try to get the I-94 corrected. The first way is to contact a Deferred Inspection Site (DIS) located nearest to either where you entered the U.S. or where you reside in the U.S. However, not all DIS sites are reliably open and available for I-94 correction requests.
As a practical matter, the other option is to cross the border into Canada again and do a “U-Turn,” and apply for a new I-94 upon re-entry at the U.S. border, explaining that a new I-94 is needed due to CBP error. You will be led to the secondary inspection room again, where you can explain what happened to the CBP officer. In many cases, CBP will waive the $30 fee if the request is to re-issue an I-94 due to CBP error.
