Visa questions? We can help.

E-2 visa processing typically takes two to six months from start to finish, though this varies by consulate.

The interview scheduling wait time is often the longest variable.

Some cases require additional administrative processing that adds two to eight weeks.

Yes, if you're in a valid nonimmigrant status, you can file Form I-129 with USCIS to change to E-2 status without leaving the country.

However, USCIS processing times can be lengthy, and you'll still need to obtain a visa stamp at a consulate if you later travel abroad.

The E-2 doesn't directly lead to a green card, but E-2 holders have several pathways to permanent residence.

Options include the EB-5 immigrant investor program, EB-1A extraordinary ability, EB-2 NIW national interest waiver, or employer-sponsored green cards through the PERM process.

The E-2 is a temporary (nonimmigrant) visa with no fixed minimum investment that can be renewed indefinitely but doesn't lead directly to a green card.

The EB-5 is an immigrant visa requiring $800,000 to $1,050,000 that leads directly to permanent residence and requires creating 10 jobs.

No, you must be a citizen of a treaty country to qualify for the E-2 visa.

If your country does not have a qualifying treaty with the United States, consider alternatives like the H-1B, L-1A, O-1A, or EB-5 depending on your qualifications.

Yes, your spouse and unmarried children under 21 can accompany you on E-2 dependent status.

Your spouse can apply for work authorization (EAD) to work for any U.S. employer, and your children can attend school.

Yes, you can use borrowed funds for your E-2 investment, but the loan must be secured by your personal assets, not by the E-2 business itself.

If the business serves as collateral, the funds aren't considered "at risk" because the lender, not you, would bear the loss if the business fails.

Most of your investment should be committed before you apply, but you don't necessarily need to have spent every dollar.

Funds in escrow that will be released upon visa approval count toward your substantial investment.

The key is demonstrating that your capital is irrevocably committed to the enterprise.

Yes, but you'll need to meet all the L-1A visa requirements independently.

That means you'd need a qualifying multinational employer, at least one year of qualifying employment abroad in a managerial or executive role within the past three years, and a U.S. entity with a qualifying relationship to the foreign employer.

Simply holding an E-2 doesn't give you any advantage in the L-1A petition process.

There's no fixed minimum set by law.

USCIS and consular officers evaluate whether the investment is substantial relative to the total cost of the business.

In practice, investments of $100,000 or more tend to receive more favorable treatment, but smaller amounts can qualify for lower-cost enterprises.

The L-1A offers a clearer path to permanent residence because of its dual intent status and direct EB-1C green card category.

The E-2 allows indefinite renewals but has no built-in route to a green card.

Business owners who want to stay in the U.S. permanently often find the L-1A more strategically valuable for their immigration process.

Your spouse must first be in valid dependent status (H-4, L-2, or E-2) or apply for that status concurrently.

For L-2 and E-2 spouses, work authorization begins upon entry when you receive an I-94 with the "S" designation.

H-4 spouses need to file Form I-765 after arriving and being admitted in H-4 status, though concurrent filing with a change of status application is also possible.

No. Since USCIS policy changes in 2021 and 2022, E-2 and L-2 spouses are authorized to work incident to status.

Their I-94 annotated with "E-2S" or "L-2S" serves as proof of work authorization.

Filing Form I-765 for an EAD card is optional and only needed if the spouse wants an additional identity and employment document.

No. Premium processing (Form I-907) is not available for any spouse-based EAD application.

This applies to H-4, L-2, and E-2 filings alike.

There is currently no way to expedite the processing time for a dependent spouse EAD through the standard premium processing service.

No. Form G-28 has no filing fee.

USCIS accepts it at no cost.

Your immigration attorney may charge their own professional fees for representing you, but the form itself is free to submit alongside your visa application, petition, or appeal.

Form G-28 is used for immigration matters before USCIS within the United States.

Form G-28I is a separate form used for matters outside the U.S., and it allows a broader range of representatives to file, including attorneys who are not licensed in the U.S. and certain family members.

If your case is handled domestically by USCIS, your attorney will use the standard G-28.

Yes. USCIS requires a new Form G-28 for each separate application, petition, or appeal.

Even if the same attorney is handling multiple filings for you, they must submit a new G-28 with each one.

The form applies only to the specific case it is filed with and does not carry over to other matters.

Yes. You are always allowed to represent yourself before USCIS.

Form G-28 is only necessary when you want a licensed attorney or accredited representative to act on your behalf.

If you choose to handle your own visa process, USCIS will communicate directly with you.

However, for complex petitions or cases involving RFEs, many foreign nationals find that working with an immigration attorney leads to better outcomes.

No. Form I-129 must be filed by the U.S. employer acting as the petitioner.

The foreign national beneficiary cannot self-petition.

The employer is responsible for completing the form, paying the filing fees, and providing supporting documentation to USCIS.

Standard processing time for I-129 petitions is typically between 2 and 8 months, depending on the service center and visa category.

With premium processing (Form I-907), USCIS guarantees a response within 15 business days.

Processing times can change, so it is recommended to check the USCIS processing times page for current estimates.

When USCIS approves an I-129 petition, they issue Form I-797, Notice of Action.

This approval notice serves as official evidence of the approved I-129 status.

The beneficiary may use it for visa stamping at a U.S. consulate or to document their authorized stay if already in the United States.

The total cost of a visa application depends on the visa type, employer size, and whether you use premium processing.

For an H-1B petition, a standard employer can expect to pay $3,380 to $7,380 in government fees alone.

Adding premium processing ($2,965) and attorney fees ($2,000 to $5,000) brings the total to roughly $5,380 to $15,345.

Other visa types like the O-1A or EB-1A have different fee structures and typically higher attorney costs.

No. USCIS does not refund filing fees if your petition is denied, withdrawn, or revoked.

This means a denial can be especially costly since you will need to pay the full set of government fees again if you choose to refile.

The only exception is premium processing: if USCIS does not meet the 15 business day deadline, you can request a refund of the I-907 fee.

For most employer-sponsored visas like the H-1B, the employer is legally required to pay certain fees, including the I-129 base filing fee, the ACWIA Training Fee, and the Fraud Prevention and Detection Fee.

The employer cannot pass these costs to the employee.

Premium processing fees can sometimes be paid by either party, depending on who benefits from faster processing.

Consular fees and travel costs are typically the employee’s responsibility.

The O-1 visa has one of the lowest government fee totals at $1,655 for a standard employer, since it does not require the ACWIA Training Fee or the Fraud Prevention and Detection Fee.

However, O-1A cases often require extensive evidence preparation, which drives attorney fees higher.

The cheapest overall cost depends on both the filing fees and the complexity of your particular case.