7. E-2's nonimmigrant status and its implications

Many of E-2 investors we consulted with have wrong impression that once they obtain E-2 visas or status, they can stay in the United States as long as they wish: That's a misleading impression.

First, E-2 is a nonimmigrant visa or status, often issued for only two-year validity period, and if things do not go as planned, E-2 investor may not be able to renew E-2 visa or extend E-2 status.

Second, when dependent children reaches 21 years of age, they "age-out" from being able to ride on the principal's E-2 status as dependent E-2 holders.

Third, if the E-2 enterprise business fails, that complicates things.

Fourth, if you sell the E-2 enterprise business and purchase another one, you better file an I-129E based on substantial change.