The E-2 nonimmigrant classification is an excellent option for foreign entrepreneurs seeking to enter the United States to establish a new company with work authorization. Another advantage is the possibility to renew the visa indefinitely, as the number of extensions is unlimited.  

In this article, you will discover whether E-2 premium processing is available for E-2 applications.  

E2 Treaty Investor Visa – Understanding the Concept 

The United States Citizenship and Immigration Services (USCIS) offers foreign nationals from eligible countries the chance to be admitted to the country upon investing a substantial amount of capital in a US enterprise.  

The primary requirements to qualify for E-2 classification are: 

  • The applicant must be a national of a treaty country  
  • The applicant must have invested (or be actively in the process of investing) a substantial amount of capital in a bona enterprise based in the United States, and 
  • The applicant must be seeking to enter the country solely to develop and direct the proposed E-2 enterprise 

USCIS defines a “treaty country” as a country: 

  • “With which the United States maintains a treaty of commerce and navigation 
  • With which the United States maintains a qualifying international agreement, or 
  • Which has been deemed a qualifying country by legislation” 

There is no fixed cap on the minimum amount of investment considered a “substantial amount of capital.” Accordingly, the amount invested by an E-2 applicant must be: 

  • “Substantial in relationship to the total cost of either purchasing an established enterprise or establishing a new one 
  • Sufficient to ensure the treaty investor’s financial commitment to the successful operation of the enterprise, and  
  • Of a magnitude to support the likelihood that the treaty investor will successfully develop and direct the enterprise. The lower the cost of the enterprise, the higher, proportionately, the investment must be to be considered substantial” 

E2 Premium Processing – In Detail   

Since June 1, 2001, USCIS premium processing services have been available for E-2 applications. With premium processing, USCIS allows applicants filing Form I-129 (Petition for Nonimmigrant Worker) and Form I-140 (Immigrant Petition for Alien Worker) the chance to have expedited processing for a fee. 

The timeframe for adjudication on E-2 applications with premium processing is 15 calendar days. Within this period, USCIS will submit a response to the application. Please note that the premium processing only expedites the process, but does not affect the outcome of an application.  

E-2 applicants can request premium processing by filing I-907 (Request for Premium Processing Service) at the correct filing address outlined on the form. After the forms are properly filled out, the applicant must sign and submit them with the applicable fee.  

Currently, the premium processing fee for E-2 applications is $2,500. Applicants have several payment options, including money orders, personal check, cashier’s check, or credit card. Checks must be payable to the US Department of Homeland Security. 

Those who opt for credit card payment must file Form G-1450 (Authorization for Credit Card Transactions) with USCIS.  

Do You Want to Apply for E-2 Premium Processing? – Immediately Seek Expert Legal Guidance 

Working with a well-versed legal advisor positively affects your success chances when applying for a US visa. Contact Immigration Attorney Romy B. Jurado today by calling (305) 921-0976 or emailing [email protected] to find the best immigration strategy for your case.