Last Updated on July 5, 2024 by Anda Malescu
This comprehensive guide covers everything you need to know about applying for an E-2 visa through a Change of Status with USCIS.
No need to leave the US! Before diving in, let’s explore the key benefits of the E-2 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.
E2 Visa While in the US: Change of Status Explained
Yes, you can apply for an E-2 visa even if you are already in the United States! This guide explores the popular option of applying through a Change of Status with USCIS.
Both investors and E2 business employees can apply for an E-2 visa from within the US through change of status with USCIS. This is particularly advantageous if you want to start working immediately.
While applying at a US Consulate abroad is also an option, Change of Status offers advantages for those already in the US.
Important Note: In specific situations, you may consider both Change of Status and after an E-2 visa application at a US Consulate abroad.
Who Qualifies for E-2 Change of Status in the US?
Not everyone can apply for an E-2 visa through Change of Status while in the US.
There are many reasons why you may want to change status to E2. However, the bottom line is that certain individuals cannot change status to E2 even if they want to.
Here’s a list of eligible individuals:
You cannot apply for change of status to E2 with USCIS if you are not a citizen of one of the E2 treaty countries. And even if you are a citizen of a treaty country, you may still not be able to change status in the United States.
Who Can’t Change Status to E-2 Visa in the US?
Change of Status to E-2 Visa in the US: A Step-by-Step Guide
Here’s how to apply for a Change of Status with USCIS:
How Long Does E-2 Change of Status Take in the US?
E-2 Change of Status processing timelines can vary, but here’s a breakdown:
Change of Status to E2 Visa: Weighing the Pros and Cons
Applying for an E-2 visa through Change of Status in the US offers convenience and speed, but it also comes with limitations. Let’s explore both sides of the coin:
Pros
Cons
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.
Legal Notice: The information provided in this article constitutes the author’s conclusions and opinions developed in the author’s capacity as a Board Certified attorney, licensed in the State of Florida. The author and this website expressly prohibit the use of this material, including any of our audio, video, chat, images, text or other information provided to train any artificial intelligence (AI) models or to be used or transmitted by such AI models in any form without the prior written permission of the author.
Malescu Law P.A. – Business & Immigration Lawyers
