Last Updated on March 10, 2025 by Anda Malescu
This article discusses everything you need to know about applying for the E2 visa while in the United States (change your status to E2 with USCIS). Before we delve into the specifics, let us step back and explore the key aspects of E2 visa.
What is E2 visa?
The E2 Visa is a nonimmigrant visa that allows foreign nationals from treaty countries to live and work in the United States based on an investment in a US business. With an E2 visa, investors and entrepreneurs can start or buy a business or franchise in the United States.
To qualify for E2 Visa, the investor must meet the following requirements:
More on the requirements, eligibility and benefits, visit E2 visa. For Canadian citizens, visit E2 visa for Canadians to learn more.
Can I apply for E2 visa while already in US?
Yes, both investors and employees of E2 businesses can apply for E2 visa if they are already in US.
To apply for E2 visa while in the United States, you have two options:
- Change of status at USCIS, or
- E2 visa at US Consulate or Embassy abroad
Here, the focus is on applying for E2 visa through change of status at USCIS.
However, it is important to note that you can also apply for E2 visa at US Consulate or Embassy abroad while being in the United States. In other words, you can be in the United States at the time you apply for E2 visa at the US Consulate or Embassy abroad because there is no requirement that you need to be present in your country at the time of application.
As discussed above, to apply for E2 visa while in the US, you can choose one of two options – change of status at USCIS or E2 visa at US Embassy or consulate.
However, in certain circumstances, you may want to do a change of status to E2 at USCIS, and shortly thereafter apply for E2 visa at the US Consulate abroad. This is particularly advantageous if you are already in the United States, and you want to start working immediately.
Getting an E2 Visa through a US Consulate or Embassy
If you apply for E2 visa at the US Consulate or Embassy abroad, you must attend an E2 visa interview at the consulate. If you are approved, you receive an E2 visa stamp in your passport which allows you travel between the United States and other countries.
The E2 visa stamp is a physical stamp or sticker in your passport which serves as an entry document or an authorization to travel to the Unites States. Once you arrive in the United States, you present the E2 visa at the US Customs and Border Protection (CBP) where a CBP officer determines whether to admit you in the US or not.
Upon entry into the United States, the E2 visa stamp does not control your legal status. is not the controlling document for legal status. Instead, your legal status is controlled by the E2 status as recorded on your I-94 record.
Remember, a valid E2 visa is not required to maintain legal status in the United States, but it is a document that allows you to travel outside the United States and return during its validity. In fact, you can be in legal status in the United States with an expired E2 visa.
However, if you apply for E2 change of status while in United States, then you undergo a different process.
In this article we break down the process to apply for E2 visa through change of status while in the US.
Who can do an E2 change of status from US?
To be clear, not everyone can change status to E2 while in the United States.
First, if you are not a citizen of one of the E2 treaty countries, then you cannot pursue a change of status to E2 in the US. And second, even if you are a citizen of a treaty country, you may still not be able to change status in the United States.
There are many reasons why someone would want to change status, but we will not discuss them here. However, the bottom line is that certain applicants cannot change status to E2 even if they are citizens of E2 treaty countries and would like to.
So, who can apply for change of status to E2? The following individuals can apply for E2 change of status while in the US:
90-day rule
The 90-day rule is no longer a USCIS policy since July 2021. Therefore, the now defunct 90-day rule should not impact your change of status application.
It remains, however, a policy of the Department of State (DOS). The DOS clearly states that simply filing for a change of status is not in itself sufficient to support a presumption of misrepresentation under the 90-day rule.
However, the 90-day rule still provides a reasonable guideline for applicants whose intent has changed after entering the United States. Depending on your class of admission in the US, you may be able to change your status to E2 even if you have been in the United States for less than 90 days.
Who cannot change status to E2 in US?
How to apply for E2 visa in US?
To apply for E2 change of status while in the United States, you must file Form I-129 with USCIS along with all supporting documents showing that you satisfy the E2 visa requirements.
The whole change of status process takes place in the United States, and you do not need to leave the US to change your status to E2. Moreover, you do not need to attend an E2 interview.
If USCIS approves your change of status application, you receive I-797 Approval Notice containing an updated I-94 record showing class of admission “E2”. The Approval Notice for E2 visa with the enclosed I-94 serves as proof of your legal status in the United States.
How long does it take to get an E2 visa from within US?
Changing your status to E2 visa from within the US can take anywhere from 15 days to 3 months, depending on the processing method you choose:
Pros and Cons
Advantages
The advantages of changing status to E2 while in the United States are:
Disadvantages
The disadvantages of applying for E2 visa while in the United States are:
Malescu Law can assist
Considering applying for E2 visa while in US? Our US-based E2 visa lawyers can simplify the process for you.
We have successfully assisted investors, employees and their family members obtain an E2 visa though change of status.
If you want to obtain an E2 visa, contact us today or schedule a consultation.
We serve companies and individuals across all 50 states, the District of Columbia and Puerto Rico.
Malescu Law P.A. – Business & Immigration Lawyers
