In this article we discuss if you can transfer E2 visa to another company? Generally, the answer is yes, you can transfer an E2 visa to another company as long as you meet the legal requirements to effectuate the transfer and such requirements will largely depend on whether you are an E2 investor or an E2 employee.
An E2 visa is available for investors, someone who is going to the United States to develop and direct the operations of a company in which they have invested or are actively in the process of investing a substantial amount of capital. Further, an E2 visa is also available to some employees of the E2 company who share the same nationality as the company’s owners and who fit within one of the acceptable categories, which include executives, supervisory employees (supervisors and managers), and essential employees. To read more visit our E2 visa requirements page.
Transfer E2 visa to the E2 company’s parent or subsidiary
An E2 employee does not need to transfer the E2 visa to another company if he or she works for the employer’s parent company or its subsidiary and at the time the E-2 status was determined:
- The corporate relationship existed
- The subsidiary employment requires executive, supervisory, or essential skills and
- The terms and conditions of employment forming the basis of the E-2 classification have not changed
Transfer E2 visa to another unrelated company
Under the current law and regulations, any substantive change in the terms or conditions of E-2 status must be approved by USCIS. A substantive change is a fundamental change in the employer’s basic characteristics, such as, but not limited to, a merger, acquisition, or major event which affects the treaty investor or employee’s previously approved relationship with the organization.
An E2 employee cannot change employers and remain in E2 status without first obtaining government approval. For an E2 employee to transfer the E2 visa to another company that is unrelated to his or her current employer, the new company must apply for the E2 visa for the employee and the E2 status must be approved. The E2 visa status must be approved prior to the E2 employee starting his or her employment with another unrelated company.
Similarly, if there are substantive changes in the terms or conditions of employment for an E2 investor, including situations where the E2 investor is materially changing the activity of the company or the nature of the business, then the E2 investor must get an approval for the E2 visa.
If you as an E2 visa holder want to transfer your E2 visa to another company, it is important that you immediately seek the advice of an experienced E2 visa lawyer before engaging in employment that is not consistent with the terms and conditions of your E2 status.
Process to transfer E2 visa
Any time there is a substantive change for an E2 investor or E2 employee and the company wishes to continue to employ the alien in E-2 status or to employ a person in E-2 status, the company must notify USCIS and may simultaneously request an extension of stay for the investor or affected employee.
The process to transfer the E2 visa to another company can be done at a U.S Consulate abroad or directly with the United States Citizenship and Immigration Services (USCIS) if the E2 employee or investor are physically present in the United States. However, even if they are in the United States, the company or investor can still apply and complete the E2 visa transfer at the U.S. consulate abroad.
Regardless of whether you decide to transfer the E2 visa to another company via USCIS or consular processing, it is important to keep in mind that there is an affirmative duty to inform and seek approval of the transfer from the government. Moreover, companies that are hiring E2 employees are urged to inform USCIS when they terminate the employment of individuals on E2 status.
How can Malescu Law assist?
Our experienced E2 visa immigration lawyers in Miami, Florida USA can assist with the transfer of E2 visa to another company, providing advice on the timing and strategy of the transfer, preparing the necessary documents and communicating with the governmental agencies.
Malescu Law P.A. – Business & Immigration Lawyers