Sunday, September 26, 2010

Question and Answer: E-2 Treaty Investor Visas / Changes of Status vs. Consular Visa Applications

Question: Can I change my temporary visa status from B-1 (business visitor) to E-2 (treaty investor) without leaving the US?

Answer: Yes you can, assuming you entered pursuant to a B-1 visa (not under the Visa Waiver Program) by filing a petition with the USCIS (United States Citizenship and Immigration Service). However, assuming you will need to travel outside the US from time to time, this strategy is not advisable - because even if USCIS approves your change of status request and grants you E-2 STATUS in the US, the approval will not give you an E-2 VISA STAMP in your passport.

This means that if you leave the US after your approval, in order to come back to the US in E-2 status, you will have to apply for and obtain an E-2 visa at a US Consulate/Embassy outside of the US.

Notably, the Consulate/Embassy will review your E-2 application from scratch, as opposed simply assuming you qualify based on the USCIS approval. To be clear, there is no guarantee the Consulate/Embassy will grant the E-2 visa stamp. Basically, by filing the E-2 from within the US first, you should be prepared to submit the application twice, which could result in added cost and unwanted delays.

No comments:

Post a Comment