E-2 visa applicants must demonstrate a clear intent to depart the United States once their visa status ends. This is a fundamental part of the E-2 visa process, as the visa is classified as a non-immigrant visa and is not designed to lead to permanent residency. Understanding this requirement is essential for ensuring a smooth application or renewal process.
What Does Intent to Depart Mean?
The intent to depart requirement means that an E-2 visa applicant must intend to leave the United States when their authorized stay ends. Unlike certain visa categories that permit “dual intent”—which allows individuals to temporarily reside in the U.S. while also pursuing a green card—the E-2 visa does not allow for this flexibility. At the time of the visa application or renewal, the investor must not intend to adjust status to permanent residency.
This does not mean the applicant cannot later pursue a green card; it simply means that, at the time of applying for the E-2 visa, the intention must be temporary.
How to Show Intent to Depart
Fortunately, meeting the intent to depart requirement is often straightforward. The U.S. government does not require proof of a home abroad or a specific departure plan. In most cases, a simple signed statement affirming the intent to leave the United States at the end of the visa validity period is sufficient.
This requirement is far less stringent than that of other visa types like the B-1 or B-2 visitor visas, which often demand substantial evidence of ties to the applicant’s home country.
Special Considerations for UK Nationals
One exception to the general flexibility of the intent to depart requirement involves applicants with United Kingdom nationality. The treaty between the U.S. and the U.K., signed in 1815, requires that E-2 visa applicants must have resided in the U.K. recently. As such, U.K. nationals must submit documentation such as tax records, lease agreements, or utility bills to establish recent residency in the country.
This requirement is less about proving intent to depart and more about confirming eligibility under the treaty provisions between the two countries.
Can E-2 Visa Holders Apply for a Green Card?
While the E-2 visa is not a direct path to permanent residency, it is still possible for E-2 investors to apply for a green card under separate categories. For instance, if the business grows substantially—such as reaching $1 million in investment and employing ten or more U.S. workers—it may qualify for an EB-5 immigrant investor green card. Alternatively, E-2 investors may qualify through family-based petitions.
However, having a pending green card application at the time of applying for or entering on an E-2 visa can create complications. U.S. immigration authorities may interpret this as an indication that the applicant no longer intends to depart. Therefore, it’s generally advisable to apply for or renew an E-2 visa before initiating a green card application.
In some situations, applying for a visa renewal through U.S. Citizenship and Immigration Services (USCIS) rather than a consulate may reduce the risk of denial when a green card petition is pending.
Impact of Pending Green Card Petitions on E-2 Status
The existence of a pending immigrant petition, such as Forms I-130, I-140, or I-526, will be visible to consular and border officers. The DS-160 form, used for visa applications, specifically asks whether anyone has filed an immigrant petition on the applicant’s behalf.
That said, a pending green card application does not automatically disqualify an individual from renewing or receiving an E-2 visa. For example, if the green card category has a long waiting period or the applicant intends to process it through consular processing abroad, it is still possible to demonstrate an intent to depart.
The E-2 visa’s intent to depart requirement underscores the visa’s non-immigrant nature. While it may seem like a significant hurdle, in practice, it is one of the more manageable aspects of the application process. However, if there is a pending immigrant petition or future green card plans, it becomes especially important to consult with an experienced immigration attorney. Legal guidance ensures that your case is positioned correctly and minimizes the risk of a denial based on misinterpreted intent.
