In order to initiate or extend an E-2, the foreign investor may file a petition with the USCIS.
The following is a sample list of forms and documentation required by the USCIS.
- Original Petition for Nonimmigrant Worker (Form I-129) with filing fee ($325). Learn more about E-2 visa fees here.
- E-2 Classification Supplement to Form I-129.
- Letter in Support of the petition specifying the treaty; the source of the investment; that the funds have been irrevocably committed; that the investment is ‘substantial’; that the investment is in an enterprise that is actually operating; that the enterprise is not ‘marginal’; that the foreign investor will develop and direct the operations of the enterprise; and the foreign investor’s credentials.
- Documentation evidencing:
i. Treaty country citizenship (passport)
ii. Source of Investment Funds
iii. Investment of Funds
- Copy of Form I-94 Arrival/Departure Record (if foreign investor is lawfully in the U.S.).
*All foreign language documents must be accompanied by a certified English translation.