Changing your status while on E-2 visa USA.
Have plans to work on the US under E-2 visa and ultimately apply for an E-2 visa green card? That’s very possible. Here’s how to go about it.
The E-2 investor visa is a work permit for foreign investors, from E-2 visa countries, looking to leave and work in USA. There are set requirements for E-2 visa applicants.
If you comply with all the requirements and ultimately get your E-2 visa USA, you can choose to change status at the lapse of your E-2 visa period. Changing status implies opting for a permanent residency in the US. Of course, there are set E-2 visa requirements for a status change.
How to change your status while on E-2 Visa
You can choose to change from the nonimmigrant status to a permanent US resident. If you are on E-2 visa US, there are two ways to go about this. First you can file a 1-129 petition for E-2 visa change of status. Secondly, you can opt for a change of status via consular processing.
The latter option is commonplace. There are many advantages associated with change of status while on E-2 visa USA. It comes with lots of rights and privileges enjoyed by all US citizens.
Requirements for change of status on E-2 visa US.
- Only those on valid E-2 visa may apply for a change of status. You can choose to file for the change while in E-2 visa in USA or do so via a consulate.
- You need to file an I-129 petition under the E-2 investor visa classification.
Approval of your status change request may take 6 months on average. It could take a shorter or much longer duration depending on a couple of reasons. For instance, the number of applications being processed by the particular USCIS service center, etc.
You can expedite the process by opting for premium processing, at a small fee. This option shortens the duration to a maximum of 15 days. Premium status change processing also improves your chances of approval.
Disadvantages of Applying for Status Change while on E-2 Visa
A major disadvantage associated with E-2 visa status change is visa retrogression. That has to do with the exhaustion of your monthly E-2 visa quotas while your application for status change is still pending.
Visa retrogression holds very dire consequences to the investor and their business enterprise. It might compromise the legality of the entire investment. However, you can avoid all that drama by making your E-2 investor visa status application through a US consulate.
The 1-129 petition method of change of status is rather expensive compared to the consular processing.
Consular Processing of E-2 visa USA status change
If you are inside the US, applying for the status change can be done in two ways; USCIS option and consular option. Those outside the US have only one option; consular processing.
The whole process involves a one-on-one interview with the immigration officers. So, you’ve got to be prepared to answer a couple of questions. Be sure to carry all the necessary documentation with you.
Advantages of Consular processing
There are many advantages associated with consular processing of E-2 investor visa change of status.
- It is much faster and more affordable.
You won’t have to pay hefty premium processing fees. You can choose to expedite the whole process by paying a small fee. That is optional though.
- It eliminates the cost of having to travel back to your home country to file for the E-2 visa change of status.
Other than travel to your native country, a non-immigrant status such as H-1B or L-1, consular processing saves you all the hassle.
Disadvantages of consular processing
The consular E-2 visa status change processing also comes with some disadvantages. For instance:
- Little chance of success compared to the 1-129 petition method.
- It is up to the immigration officers to turn down or approve of your request.
Can you apply for a green card with an E-2 visa?
It is possible to change from E-2 visa to green card. The same is true for E-2 dependent visa holders; spouses, children, and employees. However, the E-2 visa US shouldn’t be reason enough to be granted the US green card.
Once you file your application for change from E-2 visa to green card, the USCIS will review it and approve or deny request. If successful, you will be granted a permanent resident status and be entitled to all the rights and privileges associated.
If you are planning to pursue an E-2 visa green card and you have a pending immigration petition, it is advisable to apply for your E-2 investor visa change of status through the 1-129 petition. Steer clear of consular processing for this particular case.
What is the step-by-step process for applying for a Change of Status to an E-2 visa in the US?
If you’re looking to change your status to an E-2 visa while remaining in the U.S., here’s a detailed guide to walk you through the process:
1. Prepare Form I-129
Begin by completing Form I-129, Petition for a Nonimmigrant Worker. This form is the foundation of your request to change status to E-2. Be sure to include the E supplement and gather documents such as proof of your ownership interest, details of the U.S. business, and the source of your investment funds.
2. Compile Supporting Documentation
Assemble a robust packet of supporting materials, including:
- A detailed business plan
- Financial statements or investment records
- Evidence of your treaty country nationality
- Documentation showing the enterprise is active and not marginal
3. Submit to USCIS
File your completed I-129 application with USCIS, along with all supporting documents and the required fees. Accuracy and thoroughness at this stage are key to preventing delays or a Request for Evidence (RFE).
4. Wait for USCIS Decision
USCIS will review your submission. Unlike many visa categories, this process does not typically require an in-person interview, and you are not expected to leave the U.S. while your change-of-status request is pending.
5. Receive Approval Notification
Upon approval, USCIS will issue an I-797 Approval Notice. This includes an updated I-94 indicating your new admission class as “E-2.”
This process enables eligible individuals already in the U.S. to obtain E-2 status without leaving the country, offering a practical and efficient route to launching a qualifying business.
What are the limitations of the E-2 Change of Status in terms of travel and validity?
When opting for an E-2 Change of Status, it’s important to understand its specific travel and validity constraints.
Travel Limitations
- Domestic Stay Only: This change allows you to remain in the United States to manage your business. However, it does not permit re-entry into the U.S. if you travel internationally.
- Visa Necessity for Re-entry: To re-enter the U.S. after traveling abroad, you must obtain an E-2 visa from a U.S. Consulate in another country.
Validity Concerns
- Validity Duration: An E-2 Change of Status usually offers a validity period of two years. This is shorter than the typical five-year maximum for E-2 visas obtained directly from U.S. Consulates, depending on your country’s treaty terms.
- Approval Differences: An approval from the U.S. Citizenship and Immigration Services (USCIS) doesn’t promise success in acquiring an E-2 visa from a U.S. Consulate. Each application at the consulate requires a complete resubmission of documentation, and consulates may not consider previous USCIS approvals as influential.
Despite these limitations, having a successfully operating E-2 business established in the U.S. may positively impact the consulate’s decision if you apply for a visa abroad. Understanding these nuances can help you manage expectations and make informed decisions about your business operations and travel plans.
What are the pros and cons of changing the status of an E-2 Visa in the U.S.?
Transitioning to an E-2 visa via a change of status while in the U.S. can be a practical route for many entrepreneurs. However, it’s essential to weigh the advantages against the drawbacks.
Pros of Changing Status to an E-2 Visa
- Expedited Processing: With premium processing, you can receive a decision in just 15 calendar days—dramatically reducing the wait compared to the standard 1 to 3 months for regular applications.
- No Interview Needed: Unlike consular processing, changing status within the U.S. allows you to skip the in-person interview, streamlining the application experience.
- High Convenience Factor: Receiving your status change decision by mail eliminates the need for international travel. Once approved, you can dive straight into managing your business.
Cons of Changing Status to an E-2 Visa
- Travel Limitations: This change does not come with a visa stamp. While it permits business management within the U.S., you cannot re-enter the country if you travel abroad without securing an E-2 visa from a U.S. Consulate outside the U.S.
- Reduced Validity Period: The E-2 status obtained through change of status is usually valid for two years, compared to up to five years for those who obtain their visa at a U.S. Consulate, depending on the treaty country.
- Approval Uncertainty for Future Applications: An approved change of status by USCIS doesn’t guarantee that a U.S. consulate will issue an E-2 visa later. If you apply abroad, you’ll need to submit a fresh, full application, and consular officers make independent judgments. However, demonstrating a stable, successful business can improve your chances during that future consular review.
Understanding these pros and cons can help you make a well-informed decision about your path to an E-2 visa in the U.S.
Who cannot change their status to an E-2 visa while in the U.S.?
Restrictions on Changing to E-2 Visa Status in the U.S.
Understanding visa limitations is crucial if you’re considering an E-2 visa. Here’s a comprehensive look at who cannot change their status to an E-2 visa while in the United States:
- ESTA Travelers: Individuals entering the U.S. under the Visa Waiver Program cannot switch to an E-2 status once inside the country.
- Dual Citizens Using a Non-Treaty Passport: If you’re a dual citizen and entered on a passport from a country without an E-2 treaty, you won’t be eligible to adjust to E-2 status.
- Crew Members: Those in the U.S. on a D nonimmigrant visa, intended for crew members, are barred from making this transition.
- Transit Visa Holders: Individuals visiting the U.S. on a C visa, typically meant for transit, cannot change their status to E-2.
- Fiancés and Their Dependents: Those here on a K visa, applicable to fiancés of U.S. Citizens or their dependents, cannot adjust to E-2 status.
- Informants on Terrorism or Organized Crime: S visa holders, including informants and their families, are not eligible for E-2 visa status changes.
- Certain J1 Exchange Visitors: If you’re a J1 visa holder subject to a foreign residency requirement and lack an approved waiver, changing to an E-2 visa is not possible.
- J1 Visa Holders in Medical Training: Holders engaged in receiving graduate medical training without an appropriate waiver cannot shift their status to E-2.
Understanding these restrictions helps ensure you’re on the right path to achieving your visa goals in the United States.
How long does the E-2 Change of Status process take in the U.S.?
Approval of your status change request may take 6 months on average. It could take a shorter or much longer duration depending on a couple of reasons. For instance, the number of applications being processed by the particular USCIS service center, etc.
However, processing timelines can vary, and here’s a more detailed breakdown:
- Expedited Processing (15 Days): Premium processing lets you fast-track your E-2 status change for an added fee, with USCIS promising a decision within 15 calendar days—provided there’s no Request for Evidence (RFE). While it doesn’t guarantee approval, the quicker turnaround can be a strategic advantage, especially if your application is strong and time sensitive.
- Regular Processing (Up to 3 Months): Standard processing can take several weeks to as long as three months, depending on the USCIS service center’s caseload and the specifics of your application.
By weighing the urgency of your business needs against cost and flexibility, you can choose the processing route that best aligns with your immigration timeline and long-term goals.
Can you apply for a green card with an E-2 visa?
It is possible to change from an E-2 visa to a green card. The same applies to E-2 dependent visa holders, including spouses, children, and employees. However, holding an E-2 visa shouldn’t be reason enough to be granted a U.S. green card.
Once you file your application for a change from an E-2 visa to a green card, the USCIS will review it and decide whether to approve or deny your request. If successful, you will be granted permanent resident status and enjoy all associated rights and privileges.
Who qualifies for an E-2 Change of Status in the U.S.?
Requirements for Change of Status on E-2 Visa in the U.S.
- Only those on a valid E-2 visa may apply for a change of status. You can choose to file for the change while in an E-2 visa in the USA or do so via a consulate.
- You need to file an I-129 petition under the E-2 investor visa classification.
Eligibility for E-2 Change of Status
To qualify for a change of status to an E-2 visa while in the United States, you must meet specific criteria:
- E-2 Treaty Country Citizen: You must be a citizen of a country with an E-2 Treaty with the U.S. Without this, you cannot apply for an E-2 change of status.
- Valid U.S. Visa Status: Ensure you are currently in the U.S. on a valid, unexpired visa, such as a B1/B2 (business/tourist) or F-1 (student) visa.
- Canadians Traveling Visa-Free: If you are Canadian and traveling visa-free, you are still eligible.
It’s important to note that being a citizen of a treaty country is a prerequisite. Even if you meet other conditions, not holding citizenship from a treaty country disqualifies you from applying for a change of status to E-2 with USCIS.
This comprehensive understanding of eligibility helps ensure your application process is smooth and aligns with the existing visa regulations.