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How can I apply for an E-2 visa while in the U.S. on a B2 tourist visa?

I arrived here in the U.S. on a B2 tourist visa, and I am looking to change it into an E-2 visa. I qualify for country of nationality, and have funds. I have 3 months left until my 6-month stay here expires. Is this doable? What steps should I take?

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Answers

  • Avatar

    Barbara Suri

    Immigration Attorney
    Answered on

    It is doable. You could contact an experienced immigration lawyer to help you through the process.

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    Daniel A Zeft

    Immigration Attorney
    Answered on

    This is an involved situation. You need a consultation appointment with an immigration attorney.

  • Avatar

    Mitch Wexler

    Immigration Attorney
    Answered on

    It is doable but keep in mind that after your status is changed and you then depart the U.S., you will need to be issued an E-2 visa at a U.S. Consulate, which may take some time. This should be orchestrated with experienced counsel.

  • Avatar

    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    You need to buy a business or establish a new business based on a substantial investment in a business that is real and operating. It is difficult to advise you to hire counsel but you need to have a qualified professional who can guide you through the process. Also check USCIS website as they have a lot of information. We advise you to have a business plan and a real business with at least $150,000 invested but that varies based on the type of business you are planning to run.

  • Avatar

    Lynne Feldman

    Immigration Attorney
    Answered on

    Yes, definitely doable.

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    Stephen Berman

    Immigration Attorney
    Answered on

    File an application for change of status and provide proof of your eligibility. Hire a lawyer if you need help.

  • Avatar

    Dennis Tristani

    Immigration Attorney
    Answered on

    Yes - you can change status in the U.S. from B-2 to E-2 with USCIS. This can be done using premium processing and you will receive a response in 15 days from USCIS. If you want to travel abroad in the future, you will have to obtain an E-2 visa appointment at an embassy/consulate in your home country before you return to the U.S.

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    Phuong Le

    Immigration Attorney
    Answered on

    After the 90-day window, you no longer have an issue with immigrant intent. Bigger issue is whether you have an investment identified and can work fast enough to file the change of status in the 3 remaining months. Given the time frame, a packaged investment offering would make the most sense.