Will You Have to File Form I-129 for an E-2 Investment Visa?

If you are considering an E-2 business visa, know that you will need to file many forms before you can travel to the US. One such document is Form I-129, Petition for a Nonimmigrant Worker. You may have to include this form in your application paperwork, depending on your situation at the time of application.

Here are a couple things you will need when filing for E-2 classification:

  • If you currently reside in the United States: If you are already in the US under a lawful nonimmigrant status, you must file Form I-129 to request a change of status to E-2 classification.
  • If you reside outside the United States: You cannot use Form I-129 to request E-2 classification if you are physically outside the United States. You must file your petition at the nearest U.S. Embassy or Consulate for an E-2 nonimmigrant visa, pay the applicable fees, and provide proof of your investment.

Note that E-2 visa holders may be granted an automatic two-year period of readmission when returning to the United States.

Vaughan de Kirby
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San Francisco California EB-5 Investment Immigration Attorney
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