Yes. The requirements are the same regardless of the place of application. If applying for an E-2 visa with the USCIS then an E-2 petition must be filed. If applying at the United States embassy or consulate an E-2 petition is not required.
FAQs about the E-2 Petition
Can I obtain E-2 status without filing an E-2 petition?
Yes. A foreign investor can apply for an E-2 visa directly with the United States embassy or consulate. If applying at a United States embassy or consulate, the foreign investor does not file an E-2 petition.
How long is the E-2 petition valid for after approval?
An E-2 petition is valid for the period of validity requested. The USCIS will approve an E-2 for a maximum period of 2 years. The United States embassy or consulate will issue an E-2 visa for a maximum of 5 years. However, an E-2 visa holder can only be admitted for a maximum period of… Read More
How long does it take the USCIS to process an E-2 petition?
After the E-2 petition is filed, the USCIS will issue a receipt notice. After reviewing the E-2 petition, if all the conditions and specifications are met, the USCIS will issue an approval notice. Currently, the approval process for an E-2 petition is 3-6 months from filing. The E-2 petition may be filed along with a… Read More
What is the government filing fee for an E-2 petition?
At present, the filing fee is $325. We have provided a complete list of fees applicable to the E-2 process on our E-2 visa fees page
Do I file the E-2 petition by itself or are other forms required?
The E-2 petition is filed along with the E-2 Classification Supplement to Form I-129.
Can I own the enterprise and file an E-2 petition on my behalf?
Can a foreign enterprise or individual file an E-2 petition?
No. The petitioner must be a U.S. employer.
Can an individual file an E-2 petition?
Yes. However, the individual must possess a Federal Employer Identification Number (FEIN).
What are the requirements to file an E-2 petition?
The foreign investor must be a national of a country that is a party to a friendship, commerce or navigation treaty, bilateral investment treaty or free trade agreement with the United States. The foreign investor must be entering the United States solely to develop and direct the operations of an enterprise. The foreign investor must… Read More