[Immigration Law] E2 Status Change and E2 Visa – In-Depth Analysis for Optimal Choices Part 1

This column aims to provide a thorough analysis of the differences between E2 Status Change (Change of Status) and E2 Visa based on the latest updates for 2024. Both pathways can significantly impact your business and personal plans. To make the right choice, let's compare these important issues together.

E2 Status Change (Change of Status) – A Flexible Strategy for Staying in the U.S.

E2 Status Change allows individuals who already hold a valid nonimmigrant status (such as F1 or B1 Visa) in the United States to switch to another nonimmigrant status. This process involves submitting a petition to the U.S. Citizenship and Immigration Services (USCIS) and provides the authority to operate a business while maintaining legal status in the U.S.

When the primary applicant applies for a status change to E2, family members can also apply for a change of status simultaneously. All applications can be submitted together to USCIS, increasing the likelihood that family members will be approved at the same time as the principal applicant.

• E2 Spousal Visa: When the primary applicant changes to an E2 Visa, their spouse can also obtain an E2 Visa.

  • Employment: The spouse can apply for an Employment Authorization Document (EAD) to work freely in the U.S.

• E2 Child Visa: Unmarried children under the age of 21 can reside in the U.S. with their parents on an E2 Visa.

  • Education: Children can receive education at elementary, middle, and high schools, as well as attend college in the U.S. However, upon turning 21, they must change to another status.

In 2024, the review process for E2 Status Change has become more stringent. Notably, the source of the investment funds and the validity of the business plan will be closely examined, ensuring that the applicant's business positively impacts the U.S. economy. The business plan must include details about the investment amount, budget, business model, and projected revenue, as these documents are crucial when submitted to USCIS. This scrutiny aims to verify that the applicant's business contributes to economic revitalization in the U.S.

E2 Visa – A Key Tool for Global Business

The E2 Visa is an actual visa document issued at the U.S. embassy or consulate in the applicant’s home country, granting permission to enter the United States. This visa is affixed to the passport and allows for free movement in and out of the U.S. The E2 Visa is essential for individuals operating international businesses or those planning frequent overseas travel.

In 2024, the E2 Visa application process has become more rigorous. The interview process will include in-depth questions about the validity of the business plan and the applicant's ability to operate the business, ensuring a strict assessment of qualifications. This reflects the U.S. government's efforts to leverage the E2 Visa for positive economic contributions.

This column provides general legal information regarding immigration law and should not be interpreted as specific legal advice for individual situations. The laws and procedures applicable to each case may vary, and legal responsibility is not assumed based on the information provided in this column. For specific legal advice, it is essential to consult with an attorney.

We are dedicated to assisting you in achieving your immigration goals.

Chris W. Chong, Attorney
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