Change Status to E2 visa while in US

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:

Be a national of an E2 treaty country.
Have invested or be in the process of investing a substantial amount of capital in a business in the United States.
Capital invested is placed at risk in the US business and is subject to loss if investment fails.
Intend to develop and direct the US business in which he or she invests.

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:

E-2 Treaty Country Citizen: You must be a citizen of a country with an E-2 Treaty with the US.
Valid US Visa Status: You must currently be in the US with a valid, unexpired visa like a B1/B2 (business/tourist) or F-1 (student) visa.
Canadians traveling visa-free are also eligible.

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?

Travelers on ESTA (Visa Waiver Program)
Dual citizens in the United States on a non-treaty passport
Crew member (D nonimmigrant visa)
In transit through the United States (C nonimmigrant visa)
Fiancé of a U.S. citizen or dependent of a fiancé (K nonimmigrant visa)
Informant (and accompanying family) on terrorism or organized crime (S nonimmigrant visa)
J1 exchange visitor subject to foreign residence requirement without an approved J1 waiver
J1 visa holder receiving graduate medical training without an approved special waiver

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:

Form I-129 and Supporting Documents: File Form I-129, Petition for Nonimmigrant Worker with all the supporting documents proving you meet E-2 visa requirements.
USCIS Submission: Submit your complete application package to USCIS.
No Interview or Travel Required: Unlike applying abroad, there is no need to attend an E2 interview. You do not need to travel abroad.
USCIS Approval: Await a decision from USCIS.
Approval Notification (I-797): Upon approval, you receive an I-797 Approval Notice with an updated I-94 record reflecting your “E2” admission class. This serves as your E-2 visa proof within the US.

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:

Expedited processing (15 days). If you choose to pay an additional fee for premium processing with USCIS, you can receive a decision in as little as 15 days, provided that USCIS does not issue a Request for Further Evidence.
Regular processing (up to 3 months). Standard processing times at USCIS can take up to 3 months.

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

Fast processing. USCIS has 15-days premium processing available, meaning that for an additional fee, you can receive a decision in 15 days. USCIS regular processing times vary from 1 to 3 months.
No E2 visa interview. You do not need to attend an E2 interview.
Convenience. You receive the change of status decision at your mailing address without having to travel anywhere. If approved, you can start managing the E2 business immediately.

Cons

Travel restrictions. Change of status grants E-2 status, not a visa stamp. While it allows staying in the US to manage your business, it does not authorize re-entry if you travel abroad. You will need a separate E-2 visa from a US Consulate abroad to return.
Shorter validity. Change of status E-2 visas typically have a two-year validity period compared to the five-year maximum for E-2 visas obtained at Consulates abroad (depending on the treaty country).
USCIS approvals do not guarantee future success. A USCIS approval does not automatically translate to a future E2 visa approval at a US Consulate. To apply at a US Consulate, you need to re-submit a full application with supporting documents. Generally, consulates do not give weight to USCIS approvals. However a successful change of status with an established and operating E-2 business can positively influence the Consulate’s decision.

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.

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