What are the differences between E-2 Status Change and E-2 Visa?

When evaluating your immigration options, it is very important to understand the differences between E-2 Status Change and E-2 Visa. Each path has its own unique advantages and considerations and addresses different circumstances.

Status Change:

If you are currently residing in the U.S. under a different non-immigrant visa such as H-1B, F-1, or B-1 and wish to transition to E-2 status, opting for Status Change is a strategic choice. This allows you to remain in the U.S. during the pending E-2 status change petition. However, this option is not available for those outside the U.S.

For individuals currently in the U.S. looking to expedite their business ventures, Status Change is an advantageous method. Utilizing Premium Processing paves the way for USCIS to make a decision within 15 calendar days, facilitating immediate employment upon approval. Even without Premium Processing, filing the Status Change petition before your current status expires allows you to remain in the U.S. (without employment) during the pending period.

While the Status Change pathway provides a quick solution to manage business relationships in the U.S., it requires detailed documentation regarding the source of funds for E-2 investment, which is a specific requirement for USCIS applications.

 E-2 Visa at the Consulate:

Choosing the E-2 Visa through the U.S. Consulate offers a clear advantage – if approved, you receive an E-2 visa that grants travel permission for entry and exit to the U.S. In contrast, Status Change provides E-2 status for stays up to 2 years but requires an E-2 visa for re-entry after departure.

Although processing times at U.S. Consulates vary, some have expedited processes that allow applicants to obtain visa appointments within months. Documentation requirements for Source and Tracing of Funds and the investment section are generally less burdensome compared to USCIS applications. Additionally, consular application fees are significantly lower.

Final Assessments:

Considering the long processing times particularly at consulates, opting for simultaneous applications emerges as a practical option. By submitting both the Status Change petition to USCIS and the E-2 visa application to the Consulate, you can start working immediately upon USCIS approval. At the same time, you have the flexibility to attend the E-2 visa appointment while scheduling the consular interview, which provides a more feasible approach to your immigration strategy.