If you entered the U.S. on a B or other visa (not ESTA), you can change your status from the status you entered on to another status. For example, if you entered the U.S. in B-1 status, you could file an I-129 petition with USCIS to change your status to E-2 as long as you met the E-2 visa requirements. You can find out more about the E-2 visa requirements by clicking here.
If you are in the U.S., you can also apply to a Consulate for an E-2 visa while in the U.S. That is, you do not have to be physically present in your home country when you apply for the E-2 visa. The application is filed online with supporting documentation and there is not requirement to be present in your home country when the petition is filed. Once the Consulate has reviewed your petition and is ready to see you, you can leave the U.S. to go to your visa interview. If you are still in the status you entered on, you can leave and attend your interview without consequence.
You can find out more about deciding whether to apply for an E-2 visa through USCIS or a Consulate by clicking here for part 1.
You can find out more about deciding whether to apply for an E-2 visa through USCIS or a Consulate by clicking here for part 2.
