Investors and Traders: Extending E Status in the United States

A person may extend E status if physically present in the United States. Upon filing the E extension, employment is automatically extended with the same employer for up to 240 days while waiting for the USCIS decision on the extension.

The U.S. sponsoring company files a Form I-129, E Supplement, all supporting evidence and the appropriate filing fees with the USCIS. Extension applications for E spouses and unmarried children under the age of 21-years old are filed using Form I-539.

Upon approval of the E extension, the USCIS issues a Form I-797 Notice of Action Approval Notice. The bottom portion of the Approval Notice contains a new Form I-94 card showing extension of E status is approved and the validity period of the extension, normally two years.

The issuance of a Form I-797 Approval Notice authorizing the E status extension does not enable the employee to depart and freely re-enter the United States. Under these circumstances, the individual must either already possess a valid E visa or must apply for an E visa at an overseas U.S. embassy or consulate.

International Travel While Waiting for Approval of an E Extension

As a general rule, if a person files an E extension and departs the United States, the E visa holder may re-enter the United States as long the current E visa in the person’s passport remains valid. If the E visa is no longer valid, the person must apply for a new E visa at an overseas U.S. embassy or consulate.