{"id":5376,"date":"2020-05-25T13:31:04","date_gmt":"2020-05-25T13:31:04","guid":{"rendered":"https:\/\/www.immigrationbusinessplan.com\/?p=5376"},"modified":"2024-12-02T00:26:52","modified_gmt":"2024-12-02T00:26:52","slug":"can-i-apply-for-the-e-2-visa-myself","status":"publish","type":"post","link":"https:\/\/www.immigrationbusinessplan.com\/zh-hans\/can-i-apply-for-the-e-2-visa-myself\/","title":{"rendered":"Can I Apply for the E-2 Visa Myself?"},"content":{"rendered":"\t\t
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Yes, of course, anyone can apply for visas with the U.S. government without professional assistance.\u00a0 However, applying for an E-2 Visa requires more than just completing an application and can be complicated.<\/p>

In order to save money and time, it is advisable to hire a qualified US Business immigration attorney to do your applicant and a US Business Immigration consultancy firm to present your business (commonly named business plan) the right way to USCIS.<\/p>

Overall, these firms will produce a complete E-2 application packet that meets the government requirements and increases your chances of approval.<\/p>

\u00a0<\/p>

What should you consider when deciding whether to apply for an E2 visa through the consulate or USCIS?<\/span><\/strong><\/h2>

Before discussing key points to consider when applying as a treaty investor, here are <\/span>key<\/span> differences between an E-2 visa and E-2 status:<\/span><\/p>

E-2 visa<\/span><\/strong><\/h3>

Purpose<\/strong>:<\/span> Allows entry into the United States (U.S.) for investment purposes.<\/span><\/p>

Application Process<\/strong>:<\/span> Apply at a U.S. consulate or embassy outside the U.S.<\/span><\/p>

Re-entry<\/strong>: Permits multiple entries into the U.S. during its validity.<\/span><\/p>

\u00a0<\/span><\/p>

E-2 status<\/span><\/strong><\/h3>

Purpose<\/strong>:<\/span> Authorizes staying and working in the U.S. under the <\/span>E-2<\/span> classification.<\/span><\/p>

Application Process<\/strong>:<\/span> File a change of status application with USCIS while in the U.S.<\/span><\/p>

Re-entry<\/strong>: <\/span>Does<\/span> not provide re-entry rights; departing the U.S. terminates this status.<\/span><\/p>

\u00a0<\/p>

When deciding between applying for an E-2 visa at a U.S. consulate or for E-2 status through USCIS, choose the option that best suits your needs:<\/span><\/p>

1. Location<\/span><\/strong><\/h3>
  • If you are outside the United States, you must apply at a U.S. consulate or embassy.<\/span><\/li>
  • If you are already in the United States, you can request a status change to E-2 through USCIS by filing Form I-129.<\/span><\/li><\/ul>

    2. Processing Times<\/span><\/strong><\/h3>
    • Consulates may have varying timelines based on their workload.<\/span><\/li>
    • USCIS processing times for Form I-129 can also vary, but Premium Processing is available for faster results.<\/span><\/li><\/ul>

      3. Travel Needs<\/span><\/strong><\/h3>
      • A consulate-issued visa allows international travel and re-entry into the U.S.<\/span><\/li>
      • Changing status through USCIS does not provide a visa stamp. You will need to apply for a visa at a consulate if you are traveling abroad.<\/span><\/li><\/ul>

        4. Dependents<\/span><\/strong><\/h3>
        • Dependents can apply for E-2 derivative visas through a consulate or file Form I-539 with USCIS when changing status.<\/span><\/li><\/ul>

          5. Renewal and Travel<\/span><\/strong><\/h3>
          • A consulate-issued visa allows international travel, though re-entry into the U.S. depends on the visa’s validity.<\/span><\/li>
          • Changing status through USCIS grants status within the U.S., but international travel requires obtaining a visa at a consulate before re-entry.<\/span><\/li><\/ul>

            6. Application Complexity<\/span><\/strong><\/h3>
            • A consulate interview may be better for straightforward cases, as it allows for direct explanations.<\/span><\/li>
            • A USCIS application works well for complex cases requiring detailed written explanations.<\/span><\/li><\/ul>

              7. Cost<\/span><\/strong><\/h3>
              • Consulate applications may involve travel costs but typically have fewer processing fees.<\/span><\/li>
              • USCIS applications often have higher costs, especially when using Premium Processing.<\/span><\/li><\/ul>

                Choose the route based on your current location, travel plans, and processing needs. Both options require detailed documentation and preparation.<\/span><\/p>

                \u00a0<\/p>

                What are the Disadvantages of Applying for an E2 Visa Through USCIS?<\/span><\/strong><\/h2>

                Applying for an E-2 Treaty Investor visa through U.S. Citizenship and Immigration Services (USCIS) has certain limitations and considerations:<\/span><\/p>

                1. E-2 status, not a visa<\/span><\/strong><\/h3>

                When you apply through USCIS, you are granted E-2 status. This allows you to live and work in the U.S. but does not give you an actual visa. If you leave the country, you cannot re-enter without obtaining an E-2 visa from a U.S. consulate or embassy.<\/span><\/p>

                2. Travel limitations<\/span><\/strong><\/h3>

                With a USCIS-approved E-2 status, international travel is restricted. You must apply for a visa at a consulate abroad if you plan to return to the U.S. after leaving. This can disrupt business or personal plans.<\/span><\/p>

                3. Re-entry requires consular processing<\/span><\/strong><\/h3>

                Departing the U.S. with E-2 status necessitates obtaining a visa from a U.S. consulate, which involves document preparation, an interview, and approval.<\/span><\/p>

                4. Time and cost considerations<\/span><\/strong><\/h3>

                While the USCIS may process your change of status application within the U.S., obtaining a visa for travel adds additional time and expenses. Consular processing timelines vary by location.<\/span><\/p>

                5. Dependents face the same limitations<\/span><\/strong><\/h3>

                If dependents are granted E-2 derivative status through the USCIS, they must also obtain visas to re-enter the U.S. after traveling abroad.<\/span><\/p>

                Applying through the USCIS works best for those who do not anticipate leaving the U.S. during their stay. However, the process limits travel flexibility and can require additional steps to secure a visa for re-entry.<\/span><\/p>

                \u00a0<\/p>

                What are the advantages of applying for an E2 visa through the USCIS?<\/span><\/strong><\/h2>

                Here are the advantages of applying for an E-2 visa through the United States Citizenship and Immigration Services (USCIS), incorporating additional details about processing speed and convenience:<\/span><\/p>

                1. Expedited processing with premium option<\/span><\/strong><\/h3>

                One significant advantage is the availability of premium processing for E-2 visa applications filed through the USCIS. By paying an additional fee, applicants can receive a decision within 15 calendar days. This is much faster than standard processing, which can take three to six months.<\/span><\/p>

                2. No interview requirement<\/span><\/strong><\/h3>

                Filing with USCIS removes the need for an in-person interview, reducing stress for those who feel uneasy or prefer not to attend one. This makes the process more straightforward.<\/span><\/p>

                3. Stay within the U.S. during processing<\/span><\/strong><\/h3>

                Applicants can change to E-2 status without leaving the U.S., providing a practical option for those with business responsibilities or personal challenges that make travel inconvenient. <\/span><\/p>

                4. Convenience for dependents<\/span><\/strong><\/h3>

                Dependents (spouses and children under 21) can apply for a concurrent change of status, allowing them to remain in the U.S. without interruption while the E-2 application is being processed. <\/span><\/p>

                Applying for an E-2 visa through USCIS offers several clear benefits, including faster decisions with premium processing, the convenience of staying in the U.S., and avoiding travel or interviews. These advantages make it a straightforward and appealing option for many.<\/span><\/p>

                \u00a0<\/p>

                How Does Leaving the U.S. Affect Your E2 Status if Applied Through USCIS?<\/span><\/strong><\/h2>

                Leaving the U.S. after obtaining E-2 status through the USCIS significantly impacts your ability to return. <\/span><\/p>

                Impact on E-2 Status<\/span><\/strong><\/h3>
                • When you apply for E-2 status through the USCIS, you are granted the right to live and work in the U.S. for up to two years. However, this status does not include re-entry rights because it is not an E-2 visa.<\/span><\/li>
                • Departing the U.S. automatically terminates your E-2 status as it is tied to your presence within the country.<\/span><\/li><\/ul>

                  Re-entry Requirements<\/span><\/strong><\/h3>
                  • To return to the U.S. and continue your business operations, you must apply for an E-2 visa at a U.S. consulate or embassy abroad.<\/span><\/li>
                  • The process includes submitting a visa application, gathering the required documents, and going to an interview.<\/span><\/li><\/ul>

                    \u00a0<\/span>Key Takeaways<\/span><\/strong><\/h3>
                    • E-2 status obtained through USCIS is valid only while you remain in the U.S. and does not allow international travel without additional steps.<\/span><\/li>
                    • An E-2 visa, issued by a U.S. consulate, is required for re-entry and provides the flexibility to travel internationally.<\/span><\/li><\/ul>

                      Planning your travel carefully and understanding these requirements is essential to avoid interruptions in your ability to manage your U.S.-based business.<\/span><\/p>

                      \u00a0<\/p>

                      What are the two ways to apply for an E2 visa in the United States?<\/span><\/strong><\/h2>

                      \u00a0<\/h3>

                      Consular processing<\/span><\/strong><\/h3>
                      • Location<\/span><\/strong>: Apply at a U.S. Embassy or Consulate in your home country.<\/span><\/li>
                      • Travel<\/span><\/strong>: Requires leaving the U.S. (if currently present).<\/span><\/li>
                      • Approval<\/span><\/strong>: Results in an E-2 visa stamped in your passport, allowing entry into the U.S.<\/span><\/li>
                      • Authority<\/span><\/strong>: Handled by the U.S. Department of State.<\/span><\/li>
                      • Purpose<\/span><\/strong>: For individuals outside the U.S. or those needing re-entry privileges.<\/span><\/li>
                      • Validity<\/span><\/strong>: Visa issuance depends on reciprocity agreements between the U.S. and your home country.<\/span><\/li><\/ul>

                        USCIS change of status<\/span><\/strong><\/h3>
                        • Location<\/span><\/strong>: File Form I-129 with USCIS while in the U.S.<\/span><\/li>
                        • Travel<\/span><\/strong>: No need to leave the U.S. during processing.<\/span><\/li>
                        • Approval<\/span><\/strong>: Grants E-2 status without a visa stamp. Does not allow re-entry if leaving the U.S.<\/span><\/li>
                        • Authority<\/span><\/strong>: Processed by U.S. Citizenship and Immigration Services (USCIS).<\/span><\/li>
                        • Purpose<\/span><\/strong>: For those already in the U.S. on a valid nonimmigrant visa who wish to change status.<\/span><\/li>
                        • Validity<\/span><\/strong>: Status is valid only while remaining in the U.S.<\/span><\/li><\/ul>

                          Each option has unique considerations depending on your circumstances, travel needs, and current location.<\/span><\/p>

                          \u00a0<\/p>

                          Who Should Consider Changing Their Status to an E2 Visa While Inside the United States? <\/span><\/strong><\/h2>

                          If the treaty investor is already in the United States under a lawful nonimmigrant status, they <\/span>can file\u00a0Form I-129, Petition for a Nonimmigrant Worker, to request a change of status to<\/span> an E-2 classification<\/span>. This route allows them to stay within the U.S. while transitioning to the E-2 visa status, avoiding the need to travel back to their home country for visa processing. <\/span>This option is particularly beneficial for individuals who<\/span> face logistical challenges or lengthy processing times at U.S. consulates abroad.<\/span><\/p>

                          Similarly, if an employer wishes to hire a desired employee already in the U.S. under a lawful nonimmigrant status, the employer can file Form I-129 on the employee’s behalf <\/span>to request a change of status to an E-2 classification.<\/span> This process ensures continuity for the employer and the employee, allowing the individual to remain in the U.S. and legally work for the E-2 business without the need to leave the country.<\/span><\/p>

                          Who Should Consider This Option?<\/span><\/strong><\/h3>
                          • Treaty investors<\/span><\/strong>: Individuals who are nationals <\/span>of countries with which the United States maintains a treaty of commerce and navigation<\/span> and have a substantial investment in a U.S. business.<\/span><\/li>
                          • E-2 employees<\/span><\/strong>: Individuals seeking employment with a qualifying E-2 business who are already in the U.S. under a lawful nonimmigrant status.<\/span><\/li><\/ul>

                            Why Consider Changing Status in the U.S.?<\/span><\/strong><\/h3>
                            • Avoid international travel<\/span><\/strong>: Filing Form I-129 within the U.S. eliminates the need to travel to a U.S. consulate or embassy abroad, saving time and money.<\/span><\/li>
                            • Streamlined processing<\/span><\/strong>: The domestic United States Citizenship and Immigration Services (USCIS) process might be less burdensome than dealing with consular requirements.<\/span><\/li>
                            • Continuity of stay<\/span><\/strong>: Investors and employees can continue their lawful stay and pursue business activities without disruption.<\/span><\/li><\/ul>

                              Key Considerations<\/span><\/strong><\/h3>
                              • Applicants must be in a valid, lawful nonimmigrant status at the time of filing.<\/span><\/li>
                              • Not all visa holders are eligible to change to E-2 status; for instance, individuals on the Visa Waiver Program or certain other visa categories must apply at a U.S. consulate abroad.<\/span><\/li>
                              • This option is often advantageous for those from countries experiencing consulate closures, processing delays, or other logistical challenges.<\/span><\/li><\/ul>

                                \u00a0<\/span><\/p>

                                Who is not eligible to change their status to an E-2 visa while in the United States?<\/span><\/strong><\/h2>

                                Changing<\/span> status to an E-2 Treaty Investor visa while in the United States requires meeting specific eligibility criteria. This option is only available to individuals who maintain lawful non-immigrant status and comply with immigration regulations. <\/span>Certain categories of entrants and visa holders are explicitly barred from transitioning to E-2 status. Below is a detailed list of those who are not eligible.<\/span><\/p>

                                1. Visa Waiver Program Entrants<\/span><\/strong>:<\/span><\/h3>
                                • Individuals who entered the U.S. through the Visa Waiver Program (VWP) are not eligible to change their status.<\/span> The VWP only allows short stays for tourism or business and does not permit transitions to other visa categories.<\/span><\/li><\/ul>

                                  2. Crew members (D Visa Holders)<\/span><\/strong>:<\/span><\/h3>
                                  • Those admitted as crew members are not eligible to apply for a <\/span>change of status<\/span>.<\/span><\/li><\/ul>

                                    3. In-Transit Visa Holders (C Visa)<\/span><\/strong>:<\/span><\/h3>
                                    • Individuals traveling through the U.S. on a C visa cannot apply for a <\/span>change of status<\/span>.<\/span><\/li><\/ul>

                                      4. Fianc\u00e9(e) or Dependent of a Fianc\u00e9(e) (K Visa Holders)<\/span><\/strong>:<\/span><\/h3>
                                      • Individuals admitted on K visas are prohibited from changing their status.<\/span><\/li><\/ul>

                                        5. Informants on Terrorism or Organized Crime (S Visa Holders)<\/span><\/strong>:<\/span><\/h3>
                                        • Those on an S visa cannot change their status to <\/span>E-2<\/span> category.<\/span><\/li><\/ul>

                                          6. Dual Nationals with Non-Treaty Passports<\/span><\/strong>:<\/span><\/h3>
                                          • Dual nationals who entered the U.S. using a passport from a country that does not have an E-2 treaty with the U.S. are ineligible to change their status. They would need to leave the U.S. and re-enter using the treaty-country passport or apply for the E-2 visa through a consulate abroad.<\/span><\/li><\/ul>

                                            7. J-1 Exchange Visitors with Restrictions<\/span><\/strong>:<\/span><\/h3>
                                            • Unless they receive a waiver, J-1 exchange visitors subject to the two-year foreign residence requirement are not eligible to change their status to an E-2 visa.<\/span><\/li>
                                            • Unless they receive a special waiver, J-1 exchange visitors admitted for graduate medical <\/span>training are<\/span> also not eligible to change their status to an E-2 visa.<\/span><\/li><\/ul>

                                              8. Individuals Not in Lawful Non-immigrant Status<\/span><\/strong>:<\/span><\/h3>
                                              • Those who have overstayed their visa or violated the terms of their current status are ineligible for a change of status.<\/span><\/li><\/ul>

                                                General Conditions for Eligibility:<\/span><\/strong><\/h3>

                                                To be eligible for a change of status to an E-2 visa, the applicant must:<\/span><\/p>

                                                • Be in lawful non-immigrant status at the time of filing.<\/span><\/li>
                                                • Have entered the U.S. with a valid non-immigrant visa.<\/span><\/li>
                                                • Have<\/span> not violated<\/span> the terms of their current status.<\/span><\/li><\/ul>

                                                  \u00a0<\/p>

                                                  What should you do if the consulate or embassy in your home country is closed or has long wait times for E2 visa processing?<\/span><\/strong><\/h2>

                                                  If you find that your local consulate or embassy is closed, or if <\/span>you’re<\/span> facing prolonged waiting times for E2 visa processing, there are alternative steps you can take to secure your visa.<\/span><\/p>

                                                  1. Consider Changing Status in the U.S.<\/span><\/strong><\/h3>

                                                  If <\/span>you’re<\/span> in the U.S. on another visa, you can apply to switch to an E-2 visa without leaving the country. This is often quicker, especially when delays occur with processing abroad.<\/span><\/p>

                                                  2. Consult<\/span> with an Immigration Attorney<\/span><\/strong><\/h3>

                                                  It\u2019s<\/span> crucial to seek advice from an experienced immigration attorney. They can guide you through <\/span>the process of<\/span> changing your status within the U.S. Or exploring other potential solutions tailored to your situation.<\/span><\/p>

                                                  3. Stay Updated on Embassy Operations<\/span><\/strong><\/h3>

                                                  \u00a0Regularly check for <\/span>updates from the<\/span> U.S. Department of State regarding openings and processing times at your local embassy or consulate.<\/span> Conditions can change, and being informed will help you adapt your plans accordingly.<\/span><\/p>

                                                  4. Prepare Thorough Documentation<\/span><\/strong><\/h3>

                                                  \u00a0Regardless of <\/span>the path you choose<\/span>, ensure all your documents are meticulously prepared and complete. <\/span>This preparation can prevent additional delays once <\/span>processing<\/span> resumes or if you <\/span>are required to<\/span> attend an interview.<\/span><\/p>

                                                  By considering<\/span> these steps, you can navigate the challenges of E2 visa processing even amidst embassy or consulate closures.<\/span><\/p>

                                                  \u00a0<\/span><\/p>

                                                  Why is it important to consult with an E2 visa lawyer when choosing the best option for your situation?<\/span><\/strong><\/h2>

                                                  Applying for an E-2 visa involves complex legal requirements. While the United States Citizenship and Immigration Services (USCIS) allows individuals to file forms themselves, many prefer legal representation to ensure accuracy and compliance.<\/span><\/p>

                                                  Authorized legal representatives can:<\/span><\/h3>
                                                  • Advise on appropriate forms, filing timelines, and required documents.<\/span><\/li>
                                                  • Provide a personalized assessment tailored to your circumstances.<\/span><\/li>
                                                  • Explain available immigration options and help identify the most suitable path.<\/span><\/li>
                                                  • Assist in completing USCIS forms and ensuring compliance with requirements.<\/span><\/li>
                                                  • Communicate with the USCIS regarding your case.<\/span><\/li>
                                                  • Help avoid errors, delays, and challenges that could impact your application.<\/span><\/li><\/ul>

                                                    \u00a0<\/p>

                                                    To help you find an authorized legal representative:<\/span><\/h3>
                                                    • The <\/span>American Bar Association (ABA)<\/span><\/strong> provides resources for finding attorneys in your state.<\/span><\/li>
                                                    • The <\/span>Department of Justice (DOJ)<\/span><\/strong> offers a list of attorneys who provide free or low-cost immigration services. They also provide a list of accredited representatives and recognized organizations.<\/span><\/li>
                                                    • Your legal representative must file <\/span>Form G-28<\/span><\/strong>, <\/span>Notice of Entry of Appearance as Attorney or Accredited Representative<\/span><\/em>, with your application. The USCIS will communicate case information with you and your representative.<\/span><\/li><\/ul>

                                                      \u00a0<\/p>

                                                      When selecting an attorney:<\/span><\/h4>
                                                      1. Verify that the attorney is licensed and in good standing with the bar of the highest court in a U.S. state, territory, or the District of Columbia.<\/span><\/li>
                                                      2. Confirm the attorney is not under any court order restricting their practice.<\/li>
                                                      3. Request their licensing documentation and verify it with the state agency responsible for regulating attorneys.<\/li>
                                                      4. Check the List of Currently Disciplined Practitioners<\/span><\/strong> maintained by the Executive Office for Immigration Review (EOIR) to ensure they are eligible to practice before USCIS.<\/span><\/li><\/ol>

                                                        Be cautious of unauthorized practitioners, such as “notarios,” who may offer services without proper authorization. In the U.S., a notary public cannot provide legal advice on immigration matters<\/span><\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t<\/div>\n\t\t","protected":false},"excerpt":{"rendered":"

                                                        Yes, of course, anyone can apply for visas with the U.S […]<\/p>\n","protected":false},"author":11,"featured_media":22419,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_joinchat":[],"footnotes":""},"categories":[410,408],"tags":[],"class_list":["post-5376","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-e-2-visa","category-e-2-visa-business-plan"],"amp_enabled":true,"_links":{"self":[{"href":"https:\/\/www.immigrationbusinessplan.com\/zh-hans\/wp-json\/wp\/v2\/posts\/5376","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.immigrationbusinessplan.com\/zh-hans\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.immigrationbusinessplan.com\/zh-hans\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.immigrationbusinessplan.com\/zh-hans\/wp-json\/wp\/v2\/users\/11"}],"replies":[{"embeddable":true,"href":"https:\/\/www.immigrationbusinessplan.com\/zh-hans\/wp-json\/wp\/v2\/comments?post=5376"}],"version-history":[{"count":91,"href":"https:\/\/www.immigrationbusinessplan.com\/zh-hans\/wp-json\/wp\/v2\/posts\/5376\/revisions"}],"predecessor-version":[{"id":32194,"href":"https:\/\/www.immigrationbusinessplan.com\/zh-hans\/wp-json\/wp\/v2\/posts\/5376\/revisions\/32194"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.immigrationbusinessplan.com\/zh-hans\/wp-json\/wp\/v2\/media\/22419"}],"wp:attachment":[{"href":"https:\/\/www.immigrationbusinessplan.com\/zh-hans\/wp-json\/wp\/v2\/media?parent=5376"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.immigrationbusinessplan.com\/zh-hans\/wp-json\/wp\/v2\/categories?post=5376"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.immigrationbusinessplan.com\/zh-hans\/wp-json\/wp\/v2\/tags?post=5376"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}