If you are applying for an E-2 visa as a treaty investor, you can either apply from outside the United States through consular processing or request a change of status from within the U.S. Each option leads to E-2 classification but differs in how it is processed, how long it is valid, and what happens if you need to travel internationally.
Here is how they compare in the context of the E-2 visa:
Consular Processing (Outside the U.S.)
- Typically used by applicants who are outside the United States.
- Requires submitting the DS-160 form and preparing a full E-2 visa application for review by a U.S. embassy or consulate.
- Involves a visa interview and document review by a consular officer.
- If approved, a visa is stamped in your passport and is valid for up to five years, depending on your country of citizenship.
- Allows you to enter the United States in E-2 status and travel internationally as long as the visa remains valid.
- This is the only way to obtain a multiple-entry E-2 visa.
Change of Status (Inside the U.S.)
- Available to individuals already in the United States under a valid status, such as B-1/B-2 or F-1.
- Involves filing Form I-129 with USCIS along with supporting documentation for E-2 eligibility.
- If approved, your status changes to E-2 without the need to leave the country.
- You do not receive a visa stamp, so your E-2 classification is only valid while you remain inside the United States.
- If you travel internationally, you must apply for an E-2 visa at a consulate before returning.
- Often used by investors who are already in the U.S. and wish to begin operations quickly.
Key Takeaway
Consular processing gives you greater flexibility for international travel and provides a full visa in your passport. Change of status is useful for those already in the U.S., but it does not provide a visa stamp and restricts your ability to leave and reenter the country.