E-2 Visa Premium Processing: What You Need to Know

Imagine standing in two lines at a theme park. One is the regular line. The other moves faster because people paid for a fast-pass ticket. You reach the front faster, but the ride itself stays the same. Premium processing works in a similar way. It lets certain applicants receive quicker action from U.S. Citizenship and Immigration Services (USCIS). It does not change the rules for the E-2 Treaty Investor Visa, and it does not change the evidence an applicant must show.

The E-2 Treaty Investor Visa is for nationals of treaty countries who invest substantial capital in a real and active U.S. business and take an active role in managing it. Applicants can either apply for an E-2 visa at a U.S. embassy or consulate or apply for E-2 status from inside the United States through USCIS. Understanding the difference makes it clear when premium processing is possible.

Applying at a U.S. consulate

Applicants outside the United States apply at a U.S. embassy or consulate. This step belongs to the U.S. Department of State. USCIS premium processing does not apply to consular applications. Each consulate sets its own interview dates and document procedures. Processing times vary based on location, staffing, and local demand.

Applying inside the United States

Applicants already in the United States may request E-2 classification by filing Form I-129, the Petition for a Non-immigrant Worker. USCIS confirms that certain Form I-129 classifications are eligible for premium processing when the applicant files Form I-907. For a principal investor applying for E-2 classification through Form I-129 inside the United States, this is where premium processing may be used. It speeds up how quickly USCIS takes action on the change-of-status request. USCIS may still ask for more evidence through a Request for Evidence, known as an RFE.

USCIS sets the premium processing fee for Form I-129 classifications such as E-2 at $2,805. This fee must be paid with Form I-907, known as the Request for Premium Processing Service.

When a request qualifies, USCIS states it will take action within 15 business days. Action means approval, denial, an RFE, or a Notice of Intent to Deny (NOID). The 15-business-day clock stops if USCIS issues an RFE or NOID and restarts after USCIS receives the response.

Manual Check

You can confirm eligibility on the official USCIS page: https://www.uscis.gov/forms/all-forms/how-do-i-request-premium-processing

Sources:

1. USCIS. https://www.uscis.gov/working-in-the-united-states/temporary-workers/e-2-treaty-investors
2. USCIS. https://www.uscis.gov/i-129
3. USCIS. https://www.uscis.gov/forms/all-forms/how-do-i-request-premium-processing
4. USCIS. https://www.uscis.gov/sites/default/files/document/forms/i-907instr.pdf
5. USCIS. https://www.uscis.gov/archive/uscis-announces-inflation-adjustment-to-premium-processing-fees