What if I cannot depart from the U.S. to renew my E-2 status?
The various travel bans and resulting cancelled flights have made it practically impossible to travel out and return on an E-2 visa. Since E-2 visa holders renew their status by leaving and returning to the U.S. in order to obtain a new period of E-2 status, the disruption to international travel interferes with E-2 visa holders' ability to renew their status in the U.S.
The main solution for E-2 visa holders, in this situation, is to apply to USCIS for an extension of status. If it is an E-2 dependent who needs to extend status, then it is very simple to apply for extension of the dependent's status. If it is the E-2 investor, E-2 manager, or E-2 specialist who needs to extend status, then a full formal petition, documenting that the E-2 investment company meets all the requirements for the E-2 status, must be prepared and documented.
Some E-2 businesses are not in a sufficiently strong condition and/or do not employ any U.S. workers, and so the extension petition might not be approved. Under some circumstances, if the business is still in its early stages and presents a convincing business plan explaining how it will achieve profitability and employ U.S. workers within the near future, then the extension petition might, nevertheless, be approved. If it is unlikely that the extension petition will be approved, then it might be necessary for the E-2 principal visa holder and family members to travel out of the U.S. as soon as the travel ban is lifted, and before the extension petition is denied, in order to return and obtain a new period of E-2 status. In order to do this, the E-2 visa holder must obviously still hold a valid E-2 visa.
I would also point out that USCIS will likely show some understanding and consideration for the fact that many businesses have practically had to shut down as a result of the current Coronavirus Crisis, and so they might not show any current income or employment of U.S. workers. On the other hand, if the business was already inactive or not even close to satisfying the requirements of the E-2 visa prior to the Coronavirus Crisis, then USCIS might not be as understanding, and might then deny the extension petition.
If you are in the U.S. in E-2 status that expires in the next few months, then you should think about applying to USCIS to extend your E-2 status. We can help you to assess your situation and the likelihood of success in applying for extension of your E-2 status. If it makes sense to apply for extension of status, then we can assist you in doing so. If you would be interested to discuss your situation in a free consultation, please call us at +1 (941) 362-7100.