fbpx Skip to main content

Can I apply for an E-2 visa if I enter on a B-2 Visa? Can I Change status to E-2 if I am not in B-1 status? Can I change status to E-2?

By February 14, 2020May 13th, 2021E-2 Visa, Immigration, Investor Visas

While most E-2 visas are filed at U.S. Consulates abroad, there are some instances where an applicant may apply for a change of status while in the U.S.  For example, an applicant could enter the U.S. on B status and then apply for a change of status to E-2 status by filing a I-129 petition.  The petition must be filed before the I-94 expiration date and the E-2 visa requirements are similar to those of U.S. Consulate.

You can find out more about when to file a change of status to E-2 status by clicking here.

You can find out more about the E-2 visa requirements by clicking here.

As described in the E-2 visa requirements in the above link, an applicant must perform and/or complete some activities before applying for an E-2 visa including:

  • Setting up a bank account
  • Setting up a business entity
  • Creation of a website
  • Establish business prospects (sign letters of intent and/or contracts)
  • Lease premises
  • Interview and Hire employees
  • Attend meetings

All of the activities described above are considered permitted B-1 activities and until recently USCIS has not questioned these activities being performed while on different visa types. For example, in the past, when an applicant entered on a B-2 visa (tourism) and was on B-2 status and then later changed status to E-2, USCIS would approve these applications.  In a recent trend, USCIS has started to issue RFEs asking applicants to address how they were able to perform the permitted B-1 activities if they were for example in B-2 status. (Note, B-2 status does not technically permit these activities)   In order to file a change of status application in the U.S., you must also prove that you have maintained valid status while in the U.S. so these activities could lead to a denial of an E-2 visa change of status petition.

FREE E-2 Visa Resources

Click on the buttons below in order to claim your free E-2 Visa Guide, sign up for our free E-2 Visa Webinar, join our Facebook Group, or watch our E-2 Visa videos.

Download E-2 Visa Guide
Sign Up For Our E-2 Visa Webinar
Join Our E-2 Visa Facebook Group
Watch Our E-2 Visa Videos

Set up an E-2 Visa Consultation

For a dedicated one-on-one E-2 Visa consultation with one of our lawyers, click on the button below to schedule your consultation.

Schedule a consultation

This website and blog constitutes attorney advertising. Do not consider anything in this website or blog legal advice and nothing in this website constitutes an attorney-client relationship being formed. Set up a one-hour consultation with us before acting on anything you read here. Past results are no guarantee of future results and prior results do not imply or predict future results. Each case is different and must be judged on its own merits.

Leave a Reply

GET YOUR FREE
We are happy to offer our E-2 visa guide that describes the E-2 visa requirements, and other advise to assist with your E-2 visa application.
E-2 VISA GUIDE
For more info visit our E-2 visa service Page or schedule a consultation so we can handle your E-2 visa process.  You can also sign up for a Free E-2 Visa Webinar here.