Options to maintain E-2 status after a temporary business shutdown
An E-2 investor’s visa is tied to a business that is real, active, and operating. When a natural disaster such as a hurricane, wildfire, flood, or earthquake forces that business to shut down temporarily, it raises understandable concerns about maintaining E-2 status.
In these situations, the shutdown itself is not necessarily determinative. U.S. immigration authorities generally account for the fact that businesses may experience short-term interruptions due to events outside the investor’s control. What matters is whether the enterprise continues to exist as a bona fide business and whether the investor remains actively involved in directing its recovery and future operations.
Because every situation is different, consulting an immigration lawyer with E-2 experience is strongly recommended. A lawyer can assess how the shutdown affects your specific case, especially if the interruption lasts longer than expected or overlaps with a future visa renewal, extension of stay, or reentry to the United States.
While legal advice is essential, there are also practical steps an E-2 investor can take in the meantime to support their case. Maintaining clear documentation is critical. This includes records showing the cause of the shutdown, such as government closure orders, disaster declarations, insurance claims, repair estimates, and photographs of damage. It is equally important to preserve evidence that the business remains intact, such as active business registrations, leases, licenses, bank accounts, and insurance coverage.
Demonstrating continued involvement in the business is also important. Managing repairs, working with insurers or contractors, communicating with landlords or suppliers, and preparing a realistic plan to resume operations can help demonstrate that the business has not been abandoned. These activities support the position that the shutdown is temporary and that the enterprise remains viable.
USCIS does offer certain procedural accommodations during emergencies, such as flexibility with filing deadlines or document replacement, which can be helpful if a disaster disrupts normal operations. However, the core requirement remains that the business is expected to continue as a real commercial enterprise.
A temporary disaster-related closure does not by itself result in a loss of E-2 eligibility. The strongest protection comes from early legal guidance combined with thorough documentation that clearly shows the shutdown is temporary and that the business is actively moving toward reopening.
Sources:
- USCIS.
https://www.uscis.gov/working-in-the-united-states/temporary-workers/e-2-treaty-investors - USCIS.
https://www.uscis.gov/newsroom/immigration-relief-in-emergencies-or-unforeseen-circumstances - USCIS.
https://www.uscis.gov/policy-manual/volume-1-part-h-chapter-2 - U.S. Department of State – Foreign Affairs Manual (9 FAM 402.9)
https://fam.state.gov/FAM/09FAM/09FAM040209.html