The E-2 visa is a powerful tool for treaty investors and their employees to establish and operate businesses in the United States. While many applicants apply for E-2 visas from outside the country, individuals already in the U.S. with lawful nonimmigrant status may have the option to file for a change of status to E-2 classification.
Understanding who can file for a change of status and how the process works is critical, especially since these petitions come with strict timelines and require precise documentation. Please consult with an immigration attorney who is legally qualified and trained to assist with these matters.
Who Can File for a Change of Status to E-2?
There are two primary categories of individuals who may file for a change of status to E-2 classification:
1. Treaty Investors
A treaty investor currently in the United States in a lawful nonimmigrant status (such as a visitor, student, or H-1B visa holder) may request a change of status to E-2 classification. This application must demonstrate that the applicant has made a substantial investment in a qualifying business and meets all other requirements for E-2 status.
2. Desired Employees
If a qualifying employer wishes to bring an essential employee currently in the United States under a different lawful nonimmigrant status into the E-2 program, the employer may also request a change of status for that employee. The employer must demonstrate the employee’s qualifications and their essential role in the business.
Example: Changing Status to E-2
Consider a treaty investor currently in the U.S. on a B-1 business visitor visa. During their visit, they identify an opportunity to open a franchise restaurant and make a substantial investment in the business. To remain in the U.S. and operate the business, the investor contacts an immigration attorney who files Form I-129 to request a change of status to E-2 classification.
At the same time, they identify a key employee already in the U.S. on an H-1B visa who possesses specialized skills critical to the success of the business. The immigration attorney also submits a second Form I-129 on behalf of the employee, requesting a change of status to E-2.
Both applications must include thorough documentation of the investment, the business’s operational plan, and the employee’s qualifications to justify the change of status.
The Importance of Acting Swiftly and Efficiently
Change of status petitions for E-2 classification are time-sensitive. Individuals must maintain lawful nonimmigrant status throughout the application process, and any lapses could jeopardize their ability to remain in the U.S. This strict timeline means there’s no room for delays or errors.
How We Can Help
Our team specializes in creating custom immigration business plans designed to support E-2 change of status applications. Here’s how we can assist:
1. Swift and Accurate Business Plan Development
We understand the urgency of change of status petitions. Our team works quickly to develop a custom business plan that highlights your investment, operational strategy, and the business’s potential for success.
2. Attention to Detail
Speed doesn’t mean sacrificing quality. We ensure your business plan is accurate, detailed, and aligned with E-2 requirements, avoiding errors or omissions that could delay your application.
3. Streamlined Collaboration
Let us know if you’re doing a change of status from the start, and we’ll tailor our services to meet your timeline. By working efficiently, we help you complete the process smoothly and avoid unnecessary stress.
Set Yourself Up for E-2 Success
Change of status petitions require precision, speed, and careful attention to detail. Whether you’re an investor seeking to change your own status or an employer filing on behalf of a key employee, starting the process early and submitting strong documentation is critical.
Contact us today to learn how we can help you complete your change of status application quickly and efficiently with a custom immigration business plan tailored to your needs.
Contact us today to get started
The information provided in this blog is intended solely for informational purposes. While we strive to offer accurate and up-to-date content, it should not be considered legal advice. Immigration laws and regulations are subject to change, and individual circumstances can vary widely. For personalized guidance and legal advice regarding your specific immigration situation, we strongly recommend consulting with a qualified immigration attorney who can provide you with tailored assistance and ensure compliance with current laws and regulations.
Visa Business Plans is led by Marco Scanu, a certified coach from the University of Miami with a globally-based practice coaching Fortune 1000 company executives, entrepreneurs, as well as professionals in four different continents. Mr. Scanu advises clients on turnaround strategies and crisis management.
Mr. Scanu received a bachelor’s degree in Business Administration (Cum Laude) from the University of Florida and an MBA in Management from Bocconi University in Milan, Italy. Mr. Scanu was also a Visiting Scholar at Michigan State University under the prestigious H. Humphrey Fellowship (Fulbright program) with a focus on Entrepreneurship, Venture Capital, and high-growth enterprises.
At present, Mr. Scanu is the managing partner and CEO at Visa Business Plans, a Miami-based boutique consulting firm providing attorneys and investors with business planning services in the areas of U.S. and Canadian immigration, SBA loans, and others.
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