The E2 visa offers entrepreneurs a route to build and expand their businesses in the United States, but the E2 visa validity period isn’t as straightforward as many assume. Unlike some visa categories with fixed durations, E2 visa holders have to juggle entry validity, status duration and renewal eligibility, each with its own rules and potential pitfalls.

Also – an approved E2 visa doesn’t necessarily mean a guaranteed long-term stay. While some treaty countries enjoy multi-year validity, others face much shorter periods, requiring frequent renewals. Add in the two-year maximum stay per entry, and it becomes clear why E2 visa holders need to stay proactive about visa length, extensions and renewals to avoid disruption to their business operations.

In this guide, we look at the validity period of the E2 visa, and the timings involved to extend your visa and retain lawful status.

 

E2 visa validity period rules

 

An E2 visa is a nonimmigrant visa that allows nationals of a treaty country to invest in and run a US-based business. Applying for an E2 visa, also known as a treaty investor visa, can be a long and complex process, requiring detailed documentation in support. It also requires significant upfront investment in a new or existing US enterprise. Importantly, it is only a temporary visa – the E2 visa holder must renew their visa before it expires.

One of the most frequently asked questions when it comes to E2 visas is “How long does an E2 visa last?”. However, to be able to answer this, it is important to explain the difference between the E2 visa ‘validity period’ and the E2 visa ‘period of stay’.

The validity period is the timeframe over which an E2 visa is issued for, providing an expiration date, up until which point you will be permitted to enter the United States. In contrast, the period of stay refers to the length of your stay, regardless of your E2 visa validity period. The period of stay will be assigned upon your arrival in the US where, if determined admissible by a US Customs and Border Patrol Officer, you will be granted an automatic 2-year period of admission.

Equally, if you are returning to the United States after spending time overseas, provided you are seeking to be readmitted within the period of validity of your E2 visa, you will be granted an automatic 2-year period of readmission.

Regardless of the visa validity, each entry into the US under E2 status allows a maximum stay of two years.

 

How long is the E2 visa valid for?

 

The length of the validity of your E2 visa depends on your nationality, and can range from as little as 3 months to as much as 5 years. This is also known as the ‘reciprocity period’, where the validity period of the E2 visa is established by the treaty between the country of which you are a national and the United States.

 

 

Country	Maximum E2 Visa Validity
Argentina	5 years
Australia	4 years
Austria	5 years
Belgium	5 years
Canada	5 years
Chile	12 months
Colombia	5 years
Denmark	5 years
Egypt	3 months
France	4 years
Germany	5 years
Italy	5 years
Japan	5 years
Mexico	4 years
Netherlands	5 years
Norway	5 years
South Korea	5 years
Spain	5 years
Sweden	2 years
Switzerland	4 years
Turkey	5 years
United Kingdom	5 years

 

 

Single entry v multiple entry E2 visa

 

The number of entries permitted on an E2 visa—single or multiple—depends on the applicant’s nationality. Some countries have agreements allowing multiple-entry visas, while others only issue single-entry E2 visas, requiring a new application after each departure.

A 3-month single-entry E2 visa does not mean the visa holder can only stay in the US for 3 months. It means they must enter within 3 months of visa issuance. Once admitted, they are granted an E2 status period of up to 2 years. However, if they leave the US, they would need to apply for a new visa before returning.

A 5-year multiple-entry E2 visa allows the holder to enter the U.S. at any time within that 5-year validity period. They can also leave and re-enter freely during this time, with each entry granting them a fresh 2-year period of E2 status.For example, Egyptian nationals typically receive a 3-month single-entry E2 visa, meaning they must enter within that timeframe and reapply for a visa if they leave. In contrast, nationals of the UK and Italy may receive an E2 visa valid for up to 5 years with multiple entries, allowing them to travel in and out of the US freely while the visa remains valid.

 

How often can you use an E2 visa to enter the US?

 

Even with a 5-year multiple-entry E2 visa, this does not mean that the E2 visa-holder can stay in the States for 5 years straight. However, with a multiple-entry visa of any length, the E2 visa-holder will be able to leave and re-enter the US any number of times before it expires. This means that, before the 2 years comes to an end, the E2 visa-holder can either leave the US and then re-enter or make an in-country application to extend their stay.

The following scenarios will help to illustrate how this works in practice:

Scenario 1

You are a citizen of Egypt and have been granted a 3-month single-entry E2 visa, expiring on 30 November 2022.

In answer to the question “How long does an E2 visa last?” within this context, you will be allowed to enter the US up until 30 November 2022, and you will be permitted to stay continuously in the country for the following 2 years.

Scenario 2

You are a UK citizen and your multiple-entry E2 visa has a duration of 5 years, with an expiration date of 30 November 2027. In answer to the question “How long does an E2 visa last?” within this context, you will be allowed to enter the US up until 30 November 2027, and you will be permitted to stay for 2 years from the date of entry. You will also be allowed to leave the US and re-enter any number of times prior to 30 November 2027, where you will re-admitted for 2 years on each occasion.

 

Extending an E2 visa

 

The E2 visa is indefinitely renewable as long as the business remains operational and meets the visa requirements. The point at which you will need to make an application to extend your E2 visa will depend on your nationality and the reciprocity agreement that your country has with the US. For those who have been issued with a visa valid for 5 years, in order to renew the period of stay for another 2 years you will simply be required to exit the US and to seek re-entry. You should check the stamp on your passport, or the date on your I-94 card (Arrival-Departure Record), to determine the date on which your E2 status is due to expire.

If you still have time left on your visa, the best way to get an additional 2-year stay is usually to leave the country and return, with no need for a new application. You also do not have to go back to your home country, but can travel to somewhere closer, such as Canada or even The Bahamas. However, it is advisable to stay wherever you go for at least a week.

For those who have been issued with a single-entry visa, or have a visa with a short or pending expiration date, you will need to submit a fresh application to renew your E2 visa shortly prior to its expiry. If you do not want to leave the States, it is recommended that you apply at least 45 days before your authorised stay expires. If you remain in the US longer than authorized, you may be deported and you may also be barred from returning.

You can apply to extend your stay if your E2 visa status remains valid, you have not committed any offences that make you ineligible for a US visa, you have not violated any conditions of your admission and your passport will be valid for the duration of your stay. You will also need to meet the ongoing eligibility requirements for E2 classification.

Importantly, if the treaty between your country and the United States establishes a 5-year E2 visa validity period, you may not always be granted the full 5 years. This will be at the discretion of the consular officer. For example, on the US Embassy website for the United Kingdom, applicants are advised that the first E2 visa will usually be issued for just 3 years. This is because most of the businesses for which E2 visas are granted are relatively small and potentially volatile. However, on renewal, the applicant should then be granted the maximum 5-year validity period, having proven the success of the business.

In contrast, in the case of UK investors investing in large companies with a high turnover, and employing multiple US citizens, the first visa may be issued for the maximum period of 5 years.

 

Applying to extend an E2 visa

 

To apply to extend your E2 visa from within the US, you will need to file Form I-129, (Petition for Nonimmigrant Worker) and submit a request using Form I-539 (Application To Extend/Change Nonimmigrant Status). You can also apply for an E2 visa extension from outside the US by filing an online application using Form DS-160 (Online Nonimmigrant Visa Application). In either case, you will be required to submit a detailed cover letter setting out how you meet the ongoing eligibility requirements for E2 classification, together with other documentation in support.

When you apply for an E2 visa renewal, compared with the original visa application, the focus will shift away from any initial financial investment and move towards the performance of the business. This is because the treaty investor business is likely to have been operational for at least 2 years. As such, you must be able to show that the business is active and for-profit, and that the profit of the business is more the marginal based on its actual performance rather than relying on any future projections.

A marginal enterprise is one that does not have the capacity, either present or future, to generate more than enough income to provide a minimal living for you or your family.By providing evidence of both revenue and job creation in support of your application, this will provide the best possible chance of being granted an extension of stay.

However, your chances of a successful extension will be even greater if you can also show that you have invested or are about to invest additional capital, together with an updated business plan to show that this investment will be used productively in the treaty investor business.

Our US attorneys have extensive experience in guiding E2 visa holders through the renewal process, which can quickly become complex in light of the documentation and performance evidence that will be required to support your application. Contact us for specialist support.

 

Is an E2 visa a path to US permanent residence?

 

An E2 visa is a nonimmigrant visa and, as such, is only temporary in nature. Equally, you cannot be in the US with E2 nonimmigrant status while simultaneously seeking lawful permanent resident status, where one of the requirements that must be met is an intention to depart the US when your E2 status comes to an end.

Unlike dual-intent visas that allow you to work while applying for settlement by way of a ‘green card’, the E2 visa does not create a path to permanent residence. Even though the E2 visa can be extended an unlimited number of times, allowing an E2 treaty investor, or the employee of an treaty investor, to live and work in the US indefinitely, if you are looking to settle permanently in the States, you will need to consider the available alternative options.

 

Alternatives to an E2 visa extension

 

An E2 visa does not provide a direct route to permanent residency. Its validity is also tied to the success of the treaty investor business. This means that even though an E2 nonimmigrant visa is generally easier to get than an immigrant visa, or a green card, it is not always the best option for prospective entrepreneurs who want to live in the US long-term. This is because the E2 visa-holder must usually return to their native country if their business fails, or if they decide to retire or sell up, or are otherwise no longer eligible for E2 status.

Take expert advice from an immigration specialist to explore all available options and make the right decision for you. For example, you may be interested in the EB5 visa, allowing overseas investors to obtain US permanent residency. However, this will require a much higher minimum investment, together with the ability to create or preserve ten permanent full-time jobs for qualified US workers.

Alternatively, you may instead qualify for the EB1 visa. This is a long-term visa for a small percentage of individuals with extraordinary ability or achievements in their specialized field. Much will depend on your individual circumstances, what you are looking to achieve in the short and long-term, and whether you meet the requirements for different classifications.

 

Need assistance?

 

NNU Immigration’s US immigration attorneys provide specialist guidance on all aspects of the E-2 visa for entrepreneurs, business owners and their families, as well as E-2 employees. For expert advice, contact us.

 

E2 visa validity FAQs

 

How long is E2 visa valid for?

An E2 visa can be valid for anything from 3 months to 5 years, depending on your treaty country, although you will still only be allowed to stay in the States for a period of 2 years at a time.

 

How long can you stay in US with E-2 visa?

An E-2 visa will initially last for 2 years. However, if the treaty investor business is a success, and provided you continue to run that business, you can apply to renew your E-2 visa on an unlimited basis.

 

Can E2 visa lead to Green Card?

An E2 visa does not provide a path to permanent residence status in the United States, although it can be renewed an unlimited number of times, provided your treaty investor business remains active and you continue to meet the other eligibility requirements.

 

Can you live in the US with an E2 visa?

The E2 visa will allow you to live and work in the United States, although you must be working for the treaty investor business which formed the basis of your application.

 

Does the E2 visa validity determine how long I can stay in the US?

No, visa validity only determines how long the visa can be used to enter the US. Each time an E2 visa holder enters, they are typically granted a two-year period of stay, regardless of the visa’s overall validity.

 

What happens if my E2 visa expires while I am in the US?

If you are already in the US when your visa expires, your status remains valid until the end of your two-year admission period. However, if you leave the US, you will need a valid visa to return.

 

Can I renew my E2 visa indefinitely?

Yes, the E2 visa can be renewed indefinitely as long as the business remains operational and meets the visa requirements. Renewal applications must demonstrate that the investment continues to be substantial and that the business is actively generating income.

 

What is the difference between single-entry and multiple-entry E2 visas?

A single-entry E2 visa allows only one entry into the US, meaning if the visa holder leaves, they must apply for a new visa to return. A multiple-entry E2 visa allows unlimited entries during its validity period. The type issued depends on the applicant’s nationality.

 

Can I stay in the US for more than two years on an E2 visa?

Yes, but only by leaving and re-entering or by applying for an extension of stay from within the US. Each entry grants a two-year period of stay, regardless of visa validity, and extensions can be requested from USCIS if remaining in the US.

 

Do all nationalities receive the same E2 visa validity?

No, visa validity varies by nationality based on treaties between the US and the applicant’s home country. Some countries, like the UK and Japan, receive five-year multiple-entry visas, while others, like Egypt, may only get three months with a single entry.

 

Can I switch to a different visa from an E2 visa?

Yes, E2 visa holders may apply to change to another visa category, such as an EB-5 investor visa or an employment-based green card, if they meet the eligibility criteria. However, the E2 visa itself does not provide a direct path to permanent residency.

 

Do my dependents have the same E2 visa validity as me?

Yes, dependents, including spouses and children under 21, receive the same E2 visa validity and entry permissions as the primary visa holder. They can also apply for extensions alongside the primary visa holder.

 

What happens if I sell my business while on an E2 visa?

Selling the business typically means the visa is no longer valid, as E2 status is tied to the investment. If you plan to sell, you should explore alternative visa options or a change of status before completing the sale.

 

Glossary

 

Term	Definition
Admission Period	The length of time an E2 visa holder is allowed to stay in the US per entry, typically up to two years.
Change of Status	A process allowing E2 visa holders already in the US to switch to a different visa category without leaving the country.
Dependents	Spouses and children under 21 who can accompany an E2 visa holder and receive the same visa validity and permissions.
E2 Status	The legal classification of an E2 visa holder while in the US, which determines their period of stay.
Extension of Stay	A request filed with USCIS to extend the period of stay in the US without leaving and re-entering.
Multiple-Entry Visa	An E2 visa that allows the holder to enter and exit the US multiple times during its validity period.
Reciprocity Agreement	A treaty between the US and an applicant’s home country that determines E2 visa validity and entry conditions.
Single-Entry Visa	An E2 visa that permits only one entry into the US, requiring a new visa application after departure.
Visa Validity	The time period during which an E2 visa can be used to enter the US, which varies by nationality.
USCIS	United States Citizenship and Immigration Services, the agency that processes immigration benefits, including E2 status extensions.