If you’re considering applying for an E-2 visa, you may have questions about the process, especially if you’re already in the United States. The E-2 visa allows foreign nationals from treaty countries to invest in and operate a business in the U.S. It’s an excellent option for entrepreneurs seeking to grow their business in a new market.
However, the process can be complex, and knowing your options is crucial, especially if you’re already in the U.S. The good news is that it is possible to apply for an E-2 visa while staying in the U.S., though there are specific steps and criteria to meet. You may already be on a visa like an F-1 or H-1B, and changing to an E-2 status could be a smart move to take your business aspirations to the next level. Understanding these steps can make the process smoother and help you avoid common mistakes.
In this blog, we will discover the basics of the E-2 visa, who can and can’t apply for it, and most importantly, we will answer the question “ Can I Apply for an E-2 Visa While in the U.S.?” briefly.
What is the E-2 Visa?
The E-2 visa is a non-immigrant visa designed for foreign nationals who wish to invest in or manage a business in the United States. This provides an opportunity for entrepreneurs to build or expand their businesses in the U.S. without the need for permanent immigration status.
- One of the main benefits of the E-2 visa is its flexibility. It allows visa holders to stay in the U.S. as long as they maintain their business operations.
- The E-2 visa is ideal for individuals who want to make a substantial investment in a U.S.-based enterprise. While the visa itself is not a direct path to permanent residency, it can be renewed indefinitely as long as the business remains active and meets the necessary criteria.
To apply for an E-2 visa, there are some requirements you need to meet. Let’s find those out closely.
Also Read: EB-1C Visa Application for Managers and Executives
E-2 Visa Requirements
To qualify for an E-2 visa while in the U.S., you must meet specific criteria set by the U.S. Citizenship and Immigration Services (USCIS). These requirements ensure that your investment is substantial and that you play an active role in the business.
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Citizenship of a Treaty Country
To qualify for an E-2 visa, you must be a national of a country that maintains a valid treaty of commerce and navigation with the United States. Only citizens of these treaty countries are eligible to apply for E-2 status. Some of the treaty countries are Argentina, Australia, Canada, Japan, the United Kingdom, etc.
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Substantial Investment
While USCIS does not specify a minimum dollar amount, the investment should be substantial enough to ensure the successful operation of the enterprise. Typically, investments of at least $100,000 are considered substantial , but smaller investments can qualify depending on the nature of the business.
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Active Role in the Business
You must be actively involved in the day-to-day operations of the business. This means you should be managing and directing the enterprise, not just investing capital.
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Real and Operating Enterprise
The business must be a real, active, and operating commercial enterprise. It should not be a marginal enterprise solely for earning a living for you and your family.
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Intention to Depart the U.S.
As a non-immigrant visa, the E-2 visa requires you to have the intention to depart the U.S. when your status expires or is terminated. However, the E-2 visa can be renewed indefinitely as long as you continue to meet the requirements.
These requirements are designed to ensure that E-2 visa holders contribute positively to the U.S. economy and actively engage in the businesses they invest in.
Ready to start your E-2 visa application process? Don’t go through this alone. Let the Law Offices of Sweta Khandelwal guide you through the steps, from understanding eligibility to filing your application.
Can I Apply for an E-2 Visa While in the U.S.?
If you’re currently in the U.S. on a different non-immigrant visa (like a student or business visa), you might be able to apply for an E-2 visa by requesting a “change of status.” This means you don’t have to head back home and apply at a U.S. consulate; instead, you can file your application right here and, if approved, start your E-2 journey without leaving the States.
How Does the Change of Status Process Work?
- Check Your Eligibility: First, make sure you’re from a country that has an E-2 treaty with the U.S. You’ll also need to have already invested (or be in the process of investing) a substantial amount in a real U.S. business, and you must be actively involved in running it.
- Stay in Status: You need to be in the U.S. on a valid visa and follow all the rules of your current status while your E-2 application is pending.
- File the Paperwork: You’ll submit Form I-129 (Petition for Nonimmigrant Worker) to USCIS, along with supporting documents like your business plan, proof of investment, and evidence that you’re managing the business.
- USCIS Review: Once you file, USCIS will review your case. You can opt for premium processing for a faster answer (usually within 15 business days) or stick with regular processing, which can take several months.
- Approval on E-2 Status: After USCIS approves your application, you’ll receive a Form I-797, Notice of Action. This notice serves as official confirmation of your new E-2 status and authorizes you to work for your E-2 business. The I-797 will include important details about your status and the validity period. Keep this document safe, as it is proof of your authorized stay and employment in the U.S. If you leave, you’ll need to apply for an E-2 visa at a U.S. consulate to return.
Read Also: How to Travel to Canada with an L1 Visa
Who Can Apply for the E-2 Visa While in the U.S.?
If you’re already in the U.S. and thinking about switching to an E-2 visa, here’s what you need to know. You may be eligible if:
- You’re a citizen of a country that has an E-2 treaty agreement with the United States.
- You’re currently in the U.S. on a valid visa, such as H-1B, L-1, or sometimes even F-1, and you meet all the other E-2 requirements, like having invested (or being in the process of investing) a substantial amount in a bona fide U.S. business2.
Who Can’t Apply for an E-2 Visa While in the U.S.?
Not everyone in the U.S. can make the switch to E-2 status. Here are the main categories that aren’t eligible:
- Travelers on ESTA (Visa Waiver Program): You can’t change your status to E-2 while in the U.S. on ESTA.
- Dual citizens using a non-treaty passport: You must apply with a passport from a treaty country.
- Crew members on a D visa: Not eligible to change to E-2.
- In transit on a C visa: These temporary visa holders can’t apply for E-2 status.
- Fiancé(e)s or dependents on a K visa: K visa holders are not eligible for E-2.
- S visa holders: Individuals involved in certain law enforcement cases can’t apply.
- J-1 visa holders subject to the two-year foreign residency requirement (unless you have a waiver): You’ll need an approved waiver before you can apply for E-2.
- J-1s receiving graduate medical training: You’ll need a special waiver to change status to E-2.
If you’re unsure about your eligibility or want expert guidance on making the switch, reach out to Sweta Khandelwal. With over 18 years of experience, she can help you understand your options and guide you every step of the way.
Processing Timelines for E-2 Change of Status
Here’s a quick overview of how long it typically takes USCIS to process an E-2 change of status application. Whether you’re considering the regular route or want to speed things up with premium processing, understanding these timelines can help you plan your next steps with confidence.
- Expedited Processing Available in 15 Days
If you want a faster decision on your E-2 change of status application, USCIS offers premium processing for Form I-129. With premium processing, USCIS will process your petition within 15 business days for an additional fee of $2,805.
- Regular Processing Timeline:
For standard (regular) processing, the current median processing time for Form I-129 is approximately 11 months, based on the latest USCIS data as of March 2025.
Processing times can vary depending on the service center handling your case and the current USCIS workloads.
Always check the USCIS Case Processing Times tool for the most up-to-date information specific to your application type and location.
Also Read: How to Transition from L1 Visa to Green Card
Advantages of Changing Status in the U.S.
Thinking about switching to E-2 status without leaving the U.S.? There are some real perks to handling your change of status right here, making the process smoother and faster for busy entrepreneurs like you.
- Fast Processing Times: Enjoy the convenience of staying in the U.S. while your E-2 application is processed, so you don’t have to disrupt your life or business plans.
- No E-2 Visa Interview Required: Skip the hassle of scheduling and attending an interview at a U.S. embassy or consulate; no need to travel abroad for this step. Unless you travel abroad and need to obtain the visa stamp at a U.S. consulate.
- Convenience and Ability to Start Work Immediately: Once you’re approved, you can get to work and manage your business right away, all without leaving the country.
Want to make the most of these advantages? Contact the Law Offices of Sweta Khandelwal to guide you through the process and help you get started on your E-2 journey with confidence!
Disadvantages of Changing Status in the U.S.
While changing your status to E-2 from within the U.S. can be a smart move for many, it’s important to be aware of a few potential downsides that could impact your travel plans and long-term flexibility. Here’s what you should keep in mind:
- 90-Day Rule: As of July 2021, the 90-day rule is no longer a USCIS policy, so it does not directly impact your change of status application with USCIS. However, the Department of State (DOS) still uses the 90-day rule as a guideline, and simply filing for a change of status within 90 days is not automatically considered misrepresentation.
- Travel Restrictions: If you change your status to E-2 inside the U.S., you won’t get a visa stamp in your passport. That means if you travel outside the country, you can’t re-enter unless you first apply for and receive an E-2 visa from a U.S. consulate abroad.
- Shorter Validity of E-2 Status: The E-2 status granted through a change of status is usually valid for up to two years, which is often shorter than the validity period granted by a U.S. consulate. This means you’ll need to keep an eye on renewal deadlines to maintain your status.
- USCIS Approval Does Not Guarantee Consulate Success: Even if USCIS approves your change of status, there’s no guarantee a U.S. consulate will issue you an E-2 visa in the future. Each consular application is reviewed independently, and you’ll have to submit a new set of documents for their review.
Read Also: Guide to H-1B Cap Exempt Employers
Wrapping up
If you’re wondering, “Can I apply for an E-2 visa while I’m in the U.S.?”—the answer is yes, provided you meet the eligibility requirements and are currently in the U.S. on a valid visa. Changing your status to E-2 from within the country can offer convenience and speed, but it’s important to weigh the benefits against potential drawbacks.
You should assess travel restrictions, the 90-day rule, and the need for future consular processing if you travel abroad. Being informed about each step helps you make the best decision for your business and immigration goals.
Ready to take the next step or need expert guidance? Visit The Law Offices of Sweta Khandelwal for in-depth resources and support. For personalized advice, connect directly with Sweta Khandelwal, a trusted immigration attorney with years of experience. If you have questions or want to start your E-2 journey, Contact the Law Offices of Sweta Khandelwal today.
Disclaimer
Please note that the prices listed for visa services are estimates and may vary in real-time. We recommend consulting the official government websites or other authoritative resources for the most up-to-date pricing information. These estimates do not constitute a guarantee of costs, and fees may change without notice.
