Hi looking for some advice. I currently have a pending E2 application in the UK submitted in March 2026 wait time 6-8 months. my last e2 application in December was denied on marginal. I returned to the US in February to meet with attorney revise the application and resubmit. I’m now in the US my I 94 expires end of July.2026 my attorney has advised I can do a E2 COS premium processing, but obviously at a cost. I have asked if we could just do the E2 COS without the premium processing and if I receive my UK interview before the E2 cos was approved can we just leave us to attend interview will thishave a negative impact on me for leaving the Usa before the COS decision is made in the USA ? Attorney has said it’s abandoning an application but what am I doing wrong if I apply for the E2 COS before my i 94 expires lawfully and then choose to leave for my E2 interview in UK if that comes up first ? I don’t want to jeopardize my E2 application in England.

I think you should take your lawyer's advice, that is what you pay him/her for after all.

FWIW, I wouldn't be considering a COS if you have entered on a B visa (I assume) and have had a previous E-2 - given the current administration and scrutiny applications are receiving at the moment, I wouldn't want to risk it personally. What else have you been doing since February other than revising the application (which could have been done remotely)? You might be suspected of working for the business even though you don't have a valid visa allowing you to.

thank you for reply, took roughly 6 weeks to revise application and resubmit etc could not be done remotely due to all original documents being in the us and needing to upload again along with new stuff added. The business has 2 current w2 employees running it, obviously I can not work in the business untill approved, so lots of tourism currently and will be following England around for the World Cup. I’m just confused if I pay the premium processing fee forms and her fees why that is the safer option rather then just submitting E2 cos with out the premium processing fee. Why does the premium service not negatively affect me. It was also my attorney that’ reached out and suggested the E2 COS with premium processing due to the long wait time in Uk.

I'd imagine it's because you can't have two applications in for the same visa at the same time. You'd need to choose one or the other. But again, a question for your lawyer, as long as you trust them (and they've got lots of experience of E-2's and refusals) then I'd go with whichever they think is best.

Good luck.