How Long Does it Take to get an E-2 Visa?
An E-2 visa is an investor visa option for an individual or company that wants to start business operations in the United States. The visa requires a relatively small investment amount and the business must ultimately create U.S. jobs. A full list of the E-2 visa requirements can be accessed by clicking here. One question that our clients regularly ask us is: How long will it take to process an E-2 visa?
This blog post summarizes the timing associated with obtaining an E-2 visa. There are three distinct steps in the process:
- Client gathering of information
- Counsel completing the petition and preparing the supporting documentation
- Government review and decision
How Long Will It Take an E-2 Visa Applicant to Gather E-2 Visa Information?
Once a prospective client signs our engagement letter, we forward a comprehensive questionnaire and other E-2 visa information to the client. The questionnaire is over 25 pages long and asks for both biographical and company information. For example, in order to process the visa, we require the identification page of the applicant’s passport, a resume, corporate set-up documents, a business plan and several other items. In addition to informational requests, the questionnaire provides a road map of a number of steps that the applicant must undertake before the visa is processed. For example, the applicant must obtain physical premises (sign a lease), set-up a business entity, open a bank account, and create a website. In our experience, it takes clients approximately 2 months – 4 months to complete the questionnaire and prepare everything that is needed for our firm to start working on the application. At times this can be done much faster (the fastest we have seen is 3 weeks but that was when our firm drafted the business plan and did the business entity set up) but we have found that 2 to 4 months is average if a client is diligently working on pulling everything together. Often it takes clients much longer. (eg. Around 6 months).
How Long Will Our Firm Take to Process and Submit Your E-2 Visa Application?
Once our firm receives the completed E-2 visa questionnaire and all of the E-2 visa documents are uploaded to our secure server, Scott Legal will take between 10-15 business days to complete the petition and submit it to the Consulate or USCIS. Our firm also offers a 5 day premium processing service for a fee.
How Long Will it Take to Get a Decision on an E-2 Visa Application if the Application is made to USCIS?
If the applicant is in the United States then the E-2 application may be filed with USCIS. In this case, the applicant has the option of paying the U.S. government a premium processing fee so that the application is adjudicated in 15 calendar days. Adjudication in 15 days means that the government will either approve the petition, issue a request for additional evidence (RFE) or deny the petition. If a RFE is issued and a response is returned to USCIS, USCIS will take up to another 15 days to make a final decision. The government fee for this services is $1,225. If premium processing is not selected, the E-2 visa processing time can vary but normally will take around 4 months. While the government may post average times for processing petitions, they are not bound by these times and they do not offer any guarantee (other than premium processing) of when a petition will be processed.
How Long Will it Take to Get a Decision on an E-2 Visa Application if the Application is done at a U.S. Consulate?
The majority of E-2 visa applications are processed at U.S. Consulates and the adjudication timing depends on the Consulate. For those Consulates that regularly process E-2 visas (e.g. London, Paris, Toronto), an estimate of the current processing time can usually be found on their website. The timing though is not a guarantee and the Consulate is not obligated to complete the review of an application under any time frame. Moreover, Consulates do not offer a premium processing option so an applicant is not able to pay an additional fee to have the E-2 visa processed faster. Based on our experience, the average processing time at Consulates is around 1 month but some are longer. Generally speaking, after a review is completed at a consulate, the Consulate will allow the applicant to set up an interview and if the E-2 visa is approved, it will take the Consulate around 5 days to put the Visa in the applicant’s passport. As such, the total processing time for Consulates ranges from one to two months. Applicants should not book travel until their E-2 visa has been approved and has been placed in their passport.
|TASK||AVERAGE PROCESSING TIME|
|Client Gathering of E-2 Visa Information||2 Months|
|Law Firm Processing||2-3 Weeks|
|USCIS Processing if applicant wants to apply from the U.S.||2 Weeks if Premium Processing and 4 Months Without|
|Consular Processing if applicant is outside of the U.S.||1-2 months but depends on Consulate|
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This website and blog constitutes attorney advertising. Do not consider anything in this website or blog legal advice and nothing in this website constitutes an attorney-client relationship being formed. Set up a one-hour consultation with us before acting on anything you read here. Past results are no guarantee of future results and prior results do not imply or predict future results. Each case is different and must be judged on its own merits.
Quick question, when U file the E2 application on behalf of the client, would the client need to submit their passport as well? Or will the client hold on to their passport until they have to go in for the interview?
Hello, you do not have to submit a passport in advance. You submit it when you go to the interview.
Is it possible to apply for BOTH H-1B visa with one company (and hope I will be lucky in the lottery) AND on the other hand apply for E-2 visa with other company aiming to US markets with investments (and for me they would apply for E-2 visa as an employee)? If yes, would it be possible that one law company such as yours, would handle both filings (H-1B and E-2 for same person during same year)? Or should I just choose which of these visa’s I would proceed with?
Hello, I sent an email to you.
If I get E-2 visa, how about ny fiancee (we are not married) and our two year ole daughter, are they eligible for E-2 in order to stay at home in US?
Hello, You would have to marry for your spouse to get an E-2.
Hello my E2 visa is denial & also my B1/B2 visa is cancelled without prejudice. What can I do now please let me know I feel very helpless.
Hi Natasha sorry to hear that can you discuss why they denail on email
Please feel free to contact us to set up a one hour consultation. Kind regards,
What are the average chances of E2 visa refusal ??? How many visa are issued every month? Is there any qota ??
If E 2 visa is applied but yet not approved can my kids study in USA school on visit visa ??
Hello and thank you very much for contacting us. We know that the decision to start a business in the U.S. is one that brings many questions to the forefront and we are here to help. This firm was founded on an E-2 visa so we understand much of what you are concerned with. Our goal is to assist you so that you can realize the dream of growing a business in the U.S.. I have attached a link to our E-2 visa brochure below that describes our services and fees and you can see from the brochure that we can also help you with your business plan and your business entity set-up.
E-2 Visa Brochure
We would like the opportunity to help you and welcome the chance to set up a one hour consultation with one of our lawyers who regularly processes E-2 visas. This lawyer will be able to answer all of your questions and can give you valuable information so that you can make informed decisions. Our consultations can be arranged based on your convenience and can be done over the telephone, via Skype, or in person.
Our consultation fee of $250 will be refunded to you if you end up hiring us and I have attached the link to set up a consultation below.
We hope you decide to give us the opportunity to assist you and please let us know if you would like to set up a consultation.
If an E 2 is denied can I entry in Usa with my Valid ESTA( i am italian)
Esta is usually revoked when you are denied and as such you may be required to get a B visa.
If my Wife applies for the E2 Visa while she is in USA on a B1/B2. during the process; My Kids can get admission in School? Or Can they get Health/Medical Insurance?
Thank you for contacting us. You can apply for an E-2 visa while in the U.S. and children on an E-2 can go to school and get medical insurance. Please contact us if you would like to set up a consultation. Kind regards,