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Notice of Advice from USCIS

By November 8, 2022March 9th, 2023Approvals
a business man signaling "ok"

Scott Legal is happy to announce that we just received a Notice of Advice from USCIS concluding that changes to our E-2 client’s business were not substantive, and therefore did not require that he file a Form I-129 E-2 petition.

Those who are in the U.S. on an E-2 investor visa are authorized to develop and direct the E-2 company. But what if the nature of the E-2 business changes in some way – by providing a new product or service, for example?

For those who are in the United States in E-2 status and are considering changes to their E-2 business, there exists the option to ask USCIS whether the change is “substantive” for purposes of U.S. immigration law. If the change is not substantive, no further action is generally required. If the change is substantive, the investor may be required to submit a new E-2 application and receive approval before executing the change to the business.

We are pleased that USCIS agreed with our assessment and concluded that changes that our client planned to make to his E-2 business were not substantive or fundamental. He could, therefore, continue to develop and direct the business and did not need to file a new Form I-129 E-2 petition with USCIS.

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