Will You Have to File Form I-129 for a California 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 petition the USCIS for an E-2 nonimmigrant visa, pay the applicable fees, and provide proof of your investment.

These are not the only situations in which E-2 visa holders may need to file Form I-129. Having one of these documents on file with USCIS is helpful if you need to travel abroad during your stay in the US, as E-2 visa holders may be granted an automatic two-year period of readmission when returning to the United States.

Our San Francisco E-2 visa lawyers would be happy to help you navigate the rules and regulations of US investment visas. Call us today at (415) 221-2345 for answers to your immigration questions, or click the link above for a FREE copy of our informational guide, Investor's Path to a Green Card: How Investing in America Can Put You and Your Family on the Path to Greater Wealth and U.S. Permanent Residency.

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