You run a business in the United States on an E-2 visa. You’ve invested your money, hired employees, and built something successful. But your life isn’t only in the U.S. Your parents in Canada are getting older and want to see you more. There’s a big industry conference in Spain you want to attend. You haven’t taken a real vacation abroad in years.
But every time you think about booking a flight, you start to worry. Could frequent travel put your visa at risk? What if a border officer asks tough questions? How much travel is too much?
What the E-2 visa allows
The E-2 visa does not require you to live in the United States full-time. There is no minimum number of days you must spend in the country. According to U.S. Citizenship and Immigration Services (USCIS), E-2 treaty investors who travel abroad may generally be granted an automatic two-year period of readmission when returning to the United States.
This makes the E-2 different from a green card. Permanent residents must establish the U.S. as their primary residence. E-2 visa holders face no such requirement.
Even though there’s no minimum stay, your visa depends on meeting a key rule: you must be in the U.S. to develop and direct your investment business.
To develop and direct means you are actively managing your business. You oversee operations, make important decisions, and stay in control of the company. This visa is not for passive investors.
The government does not say how many days you need to be physically present. What matters is that you are actively managing your U.S. business.
The problem with frequent cross-border travel
When you cross the border regularly, Customs and Border Protection (CBP) officers can see your travel patterns. They have the authority to question whether you’re truly developing and directing your business or whether you’ve essentially moved back to your home country.
Officers might ask where you live, how often you visit your business, and who runs things when you are away. If your answers show you are mostly based outside the U.S., they can question your E-2 status.
This concern is especially strong if you commute daily or weekly. Regularly traveling from Canada or Mexico can make it look like you live outside the United States instead of in it.
Conclusion
The E-2 visa gives business owners flexibility to travel, but it’s important to find the right balance. Frequent travel, especially commuting across borders, should not get in the way of your main job: actively managing your U.S. business. As long as you keep developing and directing your business and can explain your travel if asked, you should be able to keep your E-2 status.
Still, you should pay attention to how much time you spend outside the U.S. Make sure your answers to Customs and Border Protection officers show you are actively involved in your business. Stay organized, keep records of your business activities, and make sure your travel does not look like you have moved your main home abroad. This will help protect your visa status.
If you keep these points in mind, you can keep building your business and enjoy traveling, without risking your E-2 visa status.
Sources:
- USCIS. https://www.uscis.gov/working-in-the-united-states/temporary-workers/e-2-treaty-investors
- Code of Federal Regulations. https://www.ecfr.gov/current/title-8/chapter-I/subchapter-B/part-214/subpart-A/section-214.2
- Foreign Affairs Manual. https://fam.state.gov/FAM/09FAM/09FAM040209.html