E-2 Visa Validity Legal Immigration Status (website version) [2024 final]

Unlike most U.S. work visas, the E-2 visa validity depends on the principle of reciprocity and is determined by the person’s country of nationality. This means that the visa stamp’s validity period will differ depending upon the nationality of the person applying for it. For example, the E-2 visa for a Danish citizen is valid for 18 months whereas an E-2 visa for a Dutch citizen is 36 months or 60 months for a UK citizen.

The reciprocity schedule can be found on the U.S. State Department’s website – https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country.html

• Use the alphabet filter near the top left corner of the page to navigate to the list of countries by alphabetical order.
• Find your country in the list below this alphabet chart and click on it.
• In the Visa Classifications chart, click on the box with the “E”
• This chart will tell you the reciprocity fee for the E-2 visa as well as the E-2 validity period.

However, while the validity of the E-2 visa stamp is determined by reciprocity, the length of time an E-2 visa holder is allowed to remain in the U.S. at one time is usually 2 years from the date of the person’s most recent entry to the U.S. (even if the E-2 visa stamp will expire during their stay in the U.S.). To put this another way, an E-2 visa stamp permits a person to enter the U.S. from abroad, but it does not determine how long the person may remain in the U.S.

• Each time you enter the U.S. from abroad on your E-2 visa, you should be admitted for 2 years from the date of your entry (unless you enter the U.S. from Mexico or Canada (or potentially some Caribbean nations) after being there for less than 30 days).
• When you go through the passport control upon your entry to the U.S., the U.S. Customs and Border Protection (CBP) officer may stamp your passport. However, CBP is transitioning to digital I-94s, so many airports are no longer physically stamping and writing in the expiration date by hand.
• If you do not have a handwritten date in your passport telling you how long you can remain in the U.S., you will need to obtain a copy of your digital I-94 in order to determine this date. The I-94 is the electronic admission record created by the CBP officer upon your entry to the U.S.
• Each time you enter the U.S. on your E-2 visa you must access your admission form I-94 online to check your allowed time in the U.S.
• To access form I-94, you will need to go to https://i94.cbp.dhs.gov/I94/#/home and select “Get most recent I-94”. Save this form for your records. I-94 will be available only after you enter the U.S.
• You will be able to re-enter the U.S. from abroad on your E-2 visa for as long as your E-2 visa stamp in your passport is valid. If you wish to renew your E-2 visa, this will require submitting an E-2 visa application to a U.S. Embassy/Consulate again.
• Your E-2 status in the U.S. is tied to your employment at the sponsoring U.S. company. You are not allowed to work for any other company.
• Your E-2 status is also tied to the ultimate ownership of the U.S. company. Should changes in the overall corporate structure and company ownership occur, it may invalidate your visa.

The below E-2 visa stamp is for a Danish citizen and therefore is valid for 18 months. The expiration date of the stamp has been circled in red.

The below image is the same person’s digital I-94 from his entry to the U.S. in E-2 status. The I-94 grants the E-2 visa holder legal E-2 status in the U.S. until October 14, 2024 (also circled in red), 2 full years from the date he entered the U.S.