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I filed my change/extension of status E-2 petition under Premium Processing. Will my dependents’ petitions also be adjudicated under the Premium Processing?

By February 25, 2021May 14th, 2021E-2 Visa, Immigration, Investor Visas

An E-2 Visa is a Visa Classification that is available for foreign nationals who wish to live in the U.S. to develop and direct the operations of a business. The business can be large or small and an E-2 Visa is a great Visa option for those who want to start a business.

If you are either changing or extending your status in the U.S., you can file your change/extension of status petition under Premium processing. Premium Processing means that if you pay the Premium Processing fee (currently $2,500), USCIS will make a decision on your petition within 15 calendar days. Please note that not all non-immigrant petitions are eligible for the Premium Processing.

You can request the Premium Processing for an E-2 investor/E-2 employee if you are filing form I-129. If the E-2 investor/E-2 employee have dependents (spouse and/or children) who also need to change/extend status in the U.S., these dependents will not be eligible for the Premium processing. In the past, when an E-2 investor/E-2 employee filed form I-129 & also filed form I-539 for his/her dependents, USCIS would adjudicate the dependent applications together with the I-129 within 15 calendar days. However, USCIS is not doing this anymore, and even if the E-2 investor’s/E-2 employee’s petition is adjudicated under the Premium Processing, it may take USCIS several months to adjudicate the dependents’ petitions.

Please note that as long as the change/extension of status petitions were filed timely (before your I-94 expired), your dependents can stay in the U.S. while the petitions are pending.

Please read our blog post how to get your status re-instated if your I-94 expired when you click here.

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