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Notice of Advice from USCIS

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.

To learn more about the E-2 visa, take a look at our free resources below. You can also schedule a consultation for a date and time that is best for you.

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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.

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