Changing your status to an E-2 visa while in the United States can be a complex process, but it allows for significant flexibility and opportunity for investors looking to develop and manage their business operations without leaving the country. Below, we outline the critical requirements and steps involved in changing your status to an E-2 visa.
1. Maintain Valid Non-Immigrant Status
To change to an E-2 visa, you must be in valid non-immigrant status at the time of application. This means you must not have overstayed your current visa or violated the terms of your current non-immigrant status. Maintaining a clean immigration record is essential, as any lapse can complicate or hinder your ability to change status. If you are out of status because of an exceptional circumstance, we may still be able to file your change of status.
2. Demonstrate Non-Immigrant Intent
Even though the E-2 visa allows for extended stays in the United States, it is classified as a non-immigrant visa. Applicants must demonstrate that they intend to depart the U.S. upon termination of their E-2 status. This can be shown through various means, such as maintaining ties to your home country, like property ownership or family connections. If you are young and freshly starting your career, these requirements might look a little more relaxed.
3. Meet the general requirements of the E-2 visa
For a comprehensive overview of these, read this article.
4. Application Process
The application process involves filing Form I-129, Petition for a Nonimmigrant Worker, along with the E Supplement. Supporting documentation, investment evidence, business plan, and proof of legal source of funds, must be submitted. The application is reviewed by USCIS, and additional information may be requested.
5. Biometric Services Appointment
As part of the application process, you may be required to attend a biometric services appointment where your fingerprints, photograph, and signature will be collected. This step is essential for identity verification and background checks.
6. Consular Processing vs. Change of Status
While changing status within the U.S. is an option, some applicants may choose consular processing, especially if they plan to travel internationally during the change of status process. Consular processing involves applying for the E-2 visa at a U.S. consulate or embassy in your home country. Each method has its advantages and considerations, and it is essential to choose the one that best fits your circumstances.
Conclusion
Changing status to an E-2 visa in the United States requires careful planning and adherence to specific requirements. From maintaining valid status to demonstrating a substantial investment and providing a detailed business plan, each step is critical for a successful application. Working with an experienced immigration attorney can help navigate the complexities of this process and increase the likelihood of approval.
For personalized assistance with your E-2 visa application or any related immigration needs, contact SRR Law Group LLC at 507-580-7374 or stacey@srrlawgroup.com and schedule your consultation. Our experienced attorneys are here to guide you through every step of the process, ensuring compliance and a smooth transition to your E-2 status.
Want to know more? Read a comprehensive overview of the E-2 visa process.
