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I’m running a business in the U.S. on an E-2 small-business investor visa. My renewal is coming up, and I’d like to know what documents I need to prepare.
I’d like to get everything ready in advance, one item at a time.
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Please don’t confuse the forms — filing from Korea versus filing from within the U.S. requires different forms.
Most people file from within the U.S., and the documents typically needed are:
1. A copy of your Form I-94 arrival/departure record.
2. A copy of the original Form I-797, Notice of Action, if your status was previously approved or extended in the U.S., or
3. A copy of your complete passport, including the E-2 visa letter from your employer stating that your extension is required.
4. Copies of your personal and U.S. business income tax returns for the past two years, including payroll tax returns.
If filing from Korea, the process is handled by the embassy rather than USCIS. The U.S. Embassy operates under the Department of State, abbreviated as DS, so you use DS forms to extend an E-2 that way. USCIS, by contrast, is under the Department of Homeland Security, so its forms aren’t called DS forms.
If filing from Korea, Form DS-160 is submitted online, and you print out the confirmation page. You’ll also need to submit two copies of Form DS-156E.
To renew an E-2 visa, you need to file Form I-129. This falls under the nonimmigrant visa category.
You’ll also need to submit the E supplement and Form I-539. The documents typically required are:
1. Form I-94 arrival/departure record
2. I-797 Notice of Action
3. If you are an employee: your passport and a visa letter from the employer
4. Tax returns from the past two years
5. Payroll tax returns