We’ve recently received numerous inquiries from TPS (Temporary Protected Status) holders wondering if they can change their status to an E-2 or L-1A visa, especially with concerns about the potential loss of TPS status under a Trump presidency. To provide clear and accurate information, we consulted with attorney Hector J. Lopez, a specialist in both TPS and business visas with whom we’ve worked for over a decade. With over 20 years of experience, Mr. Lopez has successfully handled more than 2,500 visa applications, demonstrating his deep expertise in business and employment-based immigration matters. This blog summarizes his expert insights.
What the Law Says About Changing Status
Attorney Lopez explains that, technically, there is no specific law preventing a TPS holder from applying for either an L-1A or an E-2 visa. However, the nuances and requirements of these visas make it highly unlikely that a TPS holder would qualify for them.
The Challenges with the L-1A Visa
The L-1A visa, designed for intracompany transferees, requires that the beneficiary has worked for the foreign entity for at least one of the last three years before applying. For most TPS holders, meeting this requirement is nearly impossible because they have been residing in the U.S. and not actively working for their foreign employer. This makes TPS holders ineligible for the L-1A visa.
The E-2 Visa: Investment and Non-Immigrant Intent
The E-2 visa also presents challenges. To qualify, a TPS holder must be a citizen of a treaty country and must make a substantial investment in a U.S. business. While some TPS holders may meet these criteria, the biggest obstacle lies in proving non-immigrant intent. The E-2 visa is temporary, and applicants must show they intend to return to their home country. A TPS holder, however, has demonstrated an intent to remain in the U.S. due to unsafe conditions in their home country. This contradiction could lead to a denial, as the U.S. government may see it as inconsistent to hold TPS and simultaneously seek an E-2 visa.
An Alternative: The NIW Visa
Attorney Lopez suggests that TPS holders might consider applying for a National Interest Waiver (NIW) if they meet the qualifications. The NIW allows applicants to bypass certain visa requirements if they can prove that their work in the U.S. benefits the nation significantly. This visa could be a more consistent and viable pathway for qualified TPS holders.
If you have questions about your TPS status or are exploring options, don’t hesitate to reach out to attorney Hector J. Lopez at info@hjlopezlaw.com or 833-MIGRACION (https://www.hjlopezlaw.com).
And if you need documentation to strengthen your EB-2/NIW petition, reach out to us. We collaborate with hundreds of attorneys and their clients to craft recommendation letters, select expert opinion letters, impact analysis reports, personal plans and business plans. Our work, backed by solid research, helps demonstrate the positive impact applicants can have on the U.S. at local, state, and national levels. Contact us today to learn how we can assist you.
If you’re an attorney interested in sharing your expertise, we invite you to collaborate with us. We often receive legal questions from our business plan clients and are looking for qualified attorneys to provide insights and be featured in our blog. This is a complimentary service that allows you to showcase your knowledge, connect with potential clients, and enhance your professional visibility—all at no cost to you. Reach out to us if you’d like to contribute and help our clients make informed decisions.
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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