When seeking an E2 visa, you have two primary avenues available to you. The first option involves applying for E2 visa while in the US, a process that requires direct interaction with USCIS. Alternatively, you can initiate the application process through the consulate or embassy in your home country, with the Department of State. Detailed information regarding this option will be found in a separate post.
In this article, we will provide a comprehensive breakdown of the steps and requirements involved when applying for E2 visa while in the US.
Who Should Apply For E2 Visa While In The US?
In the past, this option would be recommended for individuals coming from countries with stringent visa regulation, such as Azerbaijan, Bahrain, Congo, Egypt, Jordan, Moldova, Ukraine.
However, nowadays it might be prudent to consider changing your status within the US if your country’s embassy experiences significant delays in E2 visa processing.
Moreover, going through USCIS could be a wise choice if you are not proficient in English since it eliminates the interview requirement.
Who Can Not Apply For E2 Visa While In The US?
Below is listed the individuals who should not be applying for E2 visa while in the US because it can be harmful for them:
- Those whose families are currently residing outside of the United States, may not be advisable to change status.
- People who want to change from a B2 to an E2 visa category while being engaged in business activities. This is because the B2 visa is designed for tourism purposes, and in that way, you would have been violating the terms of their B2 visa.
- If you have been in the United States for fewer than 90 days, it is advisable not to pursue a change in status.
- Finally, if you have two passports and used the one from a country without a treaty with the US to enter, you are not eligible to request a change in status.
What Benefits Does Applying For E2 Visa While In The US Offer?
Filing your E2 visa application through USCIS offers the advantage of a short-term process. When using USCIS, you have the option to expedite the application process for an additional fee, known as “premium processing”. This means you can expect a response from USCIS within two to three weeks after submitting your application, instead of 3 to 6 months.
As we mentioned before, when applying for E2 visa while in the US, there is no interview required. Therefore, if you are not confident in your skills with the language, or find interviews intimidating, this is beneficial.
Another benefit is that you are not required to depart from the United States because some E2 visa investors may feel apprehensive about leaving their businesses and returning to their home countries.
What Are The Drawbacks Of Applying For E2 Visa While In The US?
Now that we have seen the bright side of this option, let us also take a look at the drawbacks.
Typically, you will receive a two-year authorization to stay in the United States and manage your business while being in the process.
However, it is essential to note that you will not hold an E2 visa; instead, you will have E2 status. This means that if you had to leave the United States, re-entry will not be permitted unless you submit documents and attend an interview at the US embassy in your home country to obtain the E2 visa.
Selecting The Optimal Choice For My Circumstances
The most effective approach is to consult with an E2 visa attorney for personalized guidance. If you have any inquiries regarding applying for E2 visa while in the US, feel free to contact us today at (305) 921-0976, [email protected], or WhatsApp +1 (305) 921-0976.