- E-2 change of status from B-1 visitor to E-2 treaty investor was approved in New York City without a Request for Evidence (RFE).
- The applicant invested in a restaurant management business, received two years of E-2 status, and can develop and direct the enterprise during that period.
- E-2 status inside the United States requires a USCIS change of status with thorough documentation, and premium processing can provide decisions in about 15 business days.
USCIS has approved an E-2 change of status petition for a national of Japan who sought to change status from B-1 visitor to E-2 treaty investor. The petition was based on the applicant’s purchase of a restaurant management business in New York City, and it was approved without a Request for Evidence (RFE).
The applicant was granted E-2 status for two years. During that time, the applicant can develop and direct the business.
The E-2 investor visa is a nonimmigrant classification for nationals of treaty countries who invest in a U.S. business and will develop and direct it. There is no fixed minimum investment, but the investment must be substantial. Buying an existing business is one way to make that investment.
For individuals already in the United States on a different nonimmigrant visa status, it is possible to apply directly to USCIS to change status to E-2. This route is called a change of status.
A change of status results in E-2 status inside the United States rather than an E-2 visa stamp in the passport. Leaving the country and returning later would call for a separate E-2 visa application at a U.S. consulate.
The petition also requires thorough documentation. USCIS expects evidence that the applicant meets each E-2 requirement, including the investment in the business, the lawful source of the funds, and the applicant’s ability to develop and direct it.
If the petitioner uses premium processing, an approval can be secured as quickly as 15 business days.
Considering the E-2 route from inside the United States? Schedule a consultation with Scott Legal, P.C. to talk through your options.
