What Can You Do While Your E-2 Visa is Pending?

Waiting for your E-2 visa approval can be a stressful and uncertain time, especially when you’ve already invested a lot into your business. Many entrepreneurs face long wait times at U.S. consular posts around the world, which can leave them in a tricky situation. The costs of running a business—like paying for a commercial space—can pile up while you’re still waiting for that all-important visa interview.

In this blog post, I’ll walk you through what you probably shouldn’t do during this waiting period and, more importantly, what you can do to keep moving forward while your E-2 visa application is pending. (NOTE:Please seek specific guidance from a qualified E2 visa lawyer regarding this topic. This post is intended to be general information, not legal advice).

Things You Probably Shouldn’t Do While Waiting for Your E-2 Visa

Before we get into the productive things you can focus on, let’s start with a couple of key things to avoid.

1. Don’t Quit Your Job

If you’re currently employed, whether as an employee or running a business in your home country, the typical advice is this: don’t quit your job until your visa is approved.

Even if your E-2 case looks strong, you are ultimately at the mercy of the judgment of a single consular officer. Although many E-2 visa cases are approved without issue, unexpected delays and denials do happen. So, it’s best to maintain your current source of income until your visa is officially granted. After all, there’s always a small element of risk in any visa application process, no matter how solid your case might seem.

2. Don’t Move to the U.S.

This might seem like a no-brainer, but I’ve seen cases where people get so excited about starting their new life in the U.S. that they make some major life changes—too early. This includes selling their home in their home country, buying a house in the U.S., enrolling their kids in school, and physically moving to the U.S. before their E-2 visa is approved.

Here’s the problem: kids on visitor visas or in visitor status are not allowed to attend school in the U.S. However, many schools will still accept students even though this is a violation of their immigration status. If your children start school while your E-2 application is still pending, this could lead to consequences. To avoid unnecessary complications, hold off on moving to the U.S. until you have your E-2 visa in hand.

What You Can Do While Your E-2 Visa is Pending

Now that we’ve covered what not to do, let’s talk about some productive things you can focus on while waiting for your E-2 visa approval.

1. Cautiously Travel to the U.S.—Only if Necessary

While you shouldn’t move to the U.S. before your E-2 visa is approved, you are allowed to travel to the U.S. as a visitor if necessary. But, there are some risks involved. Customs and Border Projection (CBP) officers can deny entry if they believe you’re trying to work in the U.S. without the proper authorization. If you choose to travel, be prepared to answer questions about your purpose in the U.S., and ensure you have a return ticket and firm travel plans to go back to your home country.

It’s always a good idea to discuss your travel plans with your immigration attorney beforehand, as they can help prepare you for any questions you might face from border officials.

2. Nudge Your Business Forward (Remotely)

The good news is, you can still run your U.S. business while you’re outside the country, as long as you’re not physically present and working for the business inside the U.S. This means you can keep things moving remotely.

Here are a few things you can do to nudge your business forward while you wait:

• Conduct interviews with job candidates
• Train employees via video calls
• Hold virtual meetings with potential clients, customers, or referral sources
• Run ad campaigns and manage marketing efforts

If you can get your business fully operational, that’s even better! Being able to show revenue and a functioning business with employees will strengthen your case for the E-2 visa. It proves that your business is real and capable of contributing to the U.S. economy.

3. Keep Gathering Supporting Documents

Lastly, keep gathering any documents that could support your E-2 visa case. This could include things like:

• Updated bank statements
• Employment agreements
• Proof of revenue
• Invoices or contracts with clients/customers

These documents could come in handy during your visa interview, especially if the officer has questions or concerns about any aspect of your case. The more prepared you are, the smoother the interview process will go.

Final Thoughts

Waiting for your E-2 visa can feel like a daunting process, but there are ways to stay productive and position yourself for success. By avoiding some common pitfalls—like quitting your job too early or moving to the U.S. prematurely—and focusing on the tasks you can do remotely, you’ll keep your business moving forward and strengthen your visa application at the same time.

Remember, each visa case is unique, so if you have any specific questions about your E-2 visa application, reach out to one of the many talented E-2 visa lawyers across the globe for a consultation.

Disclaimer:
This post is for informational purposes only and should not be considered legal advice. Always consult with a qualified immigration attorney to get advice tailored to your specific situation.

If you found this post helpful, be sure to check out my YouTube channel where I share more insights and tips for entrepreneurs navigating the U.S. immigration process!