E2 Visa - Possible Changes for 2026?

As of late 2025, there are no specific new laws enacted for 2026 that fundamentally change the core E-2 visa eligibility requirements, but several procedural and cost changes are anticipated. The primary requirements (substantial investment, not marginal, at-risk funds) remain the same. 

Key Updates and Anticipated Changes for 2026

• Increased Fees: Starting in 2026, most nonimmigrant visa applicants, including those for the E-2, will likely face a new $250 "Visa Integrity Fee" in addition to existing costs.
• Processing Timelines: The E-2 visa remains a relatively fast option, with consular processing times typically ranging from two weeks to four months, largely depending on the specific U.S. consulate's appointment availability.
• Emphasis on Documentation: U.S. Citizenship and Immigration Services (USCIS) and consular officers continue to focus on requiring robust proof for both initial applications and renewals. To demonstrate the business is not marginal, applicants should prepare:
  • Credible five-year financial projections.
  • A clear hiring plan or existing American employees.
  • Evidence of business activity such as contracts, a client pipeline, and bank statements.
• Substantive Changes: If an E-2 business undergoes a fundamental change (like a merger or acquisition), the visa holder must file a new application (Form I-129) with USCIS or apply for a new visa at a consulate to indicate the new terms.
• No Annual Limits: Unlike some employment-based green card categories (e.g., EB-2), the E-2 nonimmigrant visa is not subject to an annual visa cap, meaning qualified applicants are not subject to the same backlogs.
• Potential Broader Immigration Reforms: The Department of Homeland Security (DHS) plans to propose rules in early 2026 to modernize and clarify requirements for various employment-based green cards, which could have indirect impacts on those considering the E-2 as a bridge status. 

Applicants are advised to work with immigration attorneys to prepare strong cases and monitor official updates from the U.S. Department of State and USCIS closely to adapt to potential procedural shifts. 

General Visa Procedures Changes that may indirectly affect E2 Visa Applicants

1. As of September 2025, an E2 Visa Applicant can only process the E2 visa in his or her home country-based US Consulate or where the applicant has residency status. Prior to this new rule, many E2 Visa Applicants could process their E2 Visa in third-country US Consulates such as Toronto based US Consulate. However, the applicants cannot longer apply for E2 in third country unless he or she has a residency status in the third country.
2. Applicant's Derivative family member such as children under the 14-year-old and adult over 79-year-old must attend the consulate interview for the E2 Visa.
3. If you are making a change of status in the USA, you must maintain a valid status until you E2 visa is approved otherwise, you may be placed in removal proceeding. This is a new rule for every immigration benefit within the USA that may put you in risk of deportation. Therefore, most immigration attorneys advise their clients to apply through a consular processing.