Legal Question in Immigration Law in New Hampshire
E-1 Visa Renewal Requirements
Subject: E-1 Visa renewal requirements
If a alien comes to the U.S. under an E-1 Visa, how often do they have to return to their country of origin (Austria) to keep the E-1 status current?
What law / rule, regulates this procedure?
2 Answers from Attorneys
Re: E-1 Visa Renewal Requirements
if you originally entered the country by E-1 Visa, you should be able to renew the Visa by mail once it expires. The Visa itself should tell you when it expires. There usually is no requirement that you return to your home country at any specified period prior to the expiration. Call me at my office if you would like to discuss.
Gabriel D. Jack, Esq.
650.743.6296
Re: E-1 Visa Renewal Requirements
There are 2 different expiration dates you deal with - one is the underlying visa from the consulate. The second is when you enter the US, your I-94 should indicate an expiration date 2 years from the date of entry. Every time you re-enter the US while the underlying visa is valid, you should get 2 years from that date.
So - if you received a visa from Austria good through January 2004, and entered the US in January 2003, you would be able to stay in the US until January 2005 (making sure that this is indicated on your I-94). However, if you left the US after January 2004, you won't be allowed to re-enter (without renewal) since your underlying visa has expired.
You can find some info in the Code of Federal Regulations, Title 8 Section 214.2(e)