Important Differences Between E2 Visa and E2 Change of Status

Author: Gabriella Manolache, Esq.


Greetings to all! We are excited to dive into a crucial topic that often perplexes many in the world of immigration law. I’m Michael Ashoori, and in today’s discussion, we are unraveling the differences between E2 change of status and E2 visas, particularly tailored to benefit our E2 visa clients. These two pathways hold distinctive characteristics, and understanding them is pivotal. So, let’s embark on this journey together as we explore the intricacies through an insightful presentation.

 

Understanding E2 Change of Status

When we discuss change of status, we are referring to a process where you are already in the United States under a valid non-immigrant status, such as a B1 or F1. It involves filing a petition with USCIS to shift from your current status to another non-immigrant status. Essentially, it’s a transition within the US borders.

 

Comprehending E2 Visas

On the other hand, an E2 visa is a tangible document affixed to your passport. It authorizes you to enter the United States based on the terms of that visa. It’s a travel document that dictates your entry conditions.

 

What You Gain

The distinction between the two pathways becomes more pronounced when we consider what is gained from each process. E2 change of status grants status in the U.S. which permits the to be undertaken. Conversely, with an E2 visa, you obtain a visa that aligns with the terms specified by the applicant’s particular country of citizenship. This visa could grant the privilege of multiple entries or be limited to a single entry.

 

Application Process

The application process diverges as well. For E2 change of status, you file with USCIS. On the contrary, when applying for an E2 visa, you apply directly with the US consulate or embassy in your home country. An important note: E2 visa applicants usually have to attend an interview at the consulate or embassy.

 

Processing Times

Processing times are subject to change, but they play a vital role. E2 change of status applications are posted on USCIS websites, and premium processing is an option, expediting the process. E2 visa processing time is heavily influenced by the local conditions of the consulate or embassy. It’s advisable to stay updated on these times for accurate planning.

 

Travel Implications

One of the most significant distinctions is in the realm of travel. E2 change of status holders leaving the US typically forfeit their status upon departure. Reentry usually requires acquiring an E2 visa. On the other hand, E2 visa holders can enter and reenter the US based on their visa’s terms, provided they adhere to these terms.

 

E2 Status and Activities

Both E2 change of status and E2 visa allow the principal applicant to direct and develop the E2 business. Spouses of E2 holders, whether by change of status or visa, gain work authorization, offering considerable flexibility.

 

Choosing the Right Option

Choosing between E2 change of status and E2 visa isn’t straightforward. Your circumstances, future travel plans, and even your current location influence this decision. Consulting an experienced immigration lawyer who specializes in E2 cases is crucial. 

 

Conclusion

Navigating the differences between E2 change of status and E2 visa is complex yet essential. This journey through the intricacies has equipped you with a better understanding. If you’ve found value in this discussion, don’t hesitate to show your support by hitting the thumbs up button and subscribing to our channel. Knowledge empowers, and we’re here to empower you. Thank you for joining us, and until the next enlightening session, take care!

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I would like to express my most heartfelt gratitude and thanks to Michael Ashoori and the entire Ashoori Law team. I just received my passport with my E2 visa stamp this morning and I boarded my flight to the US tonight. It has been a long and stressful journey with many stops, starts, pivots, and redirections. Along the way my assigned attorney Pardeep Singh was patient and very generous with his time accommodating the twist and turns of my application. He understood how important the application was to me personally; it was not just “another file” for him. He used to tell me, that “on game day (interview date) to ensure the best chances of success, it is critical that the Consular officer have a well-prepared application in front of him” so he was always focused on the smallest details. He delivered on what he and Michael promised, and I was approved. My family and I are very happy!

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I would like to thank Michael Ashoori and his entire team for my E2 approval! I would like to give a very special thank you to my assigned attorney, Pardeep Singh for his dedication, attention to detail, mastery of the law, and the excellent application he presented to the Consulate. Being a seasoned executive with decades of business experience, routinely interacting with “icons and titans” of the hospitality industry from around the world, I already had my own vision of how to portray my business, what documents to produce, and how best it should be presented. Pardeep took all the data, completely dissected it, disregarded nonrelevant items, and reorganized the data and documents so that they were a “natural” fit with all the required elements of the visa. He over engineered my entire file, prepared me for the interview thoroughly, had me repeatedly watch Michael’s interview prep videos, and at the interview all went smoothly and I was approved. I whole heartedly endorse Michael Ashoori, his entire team, and Pardeep! To anybody looking for immigration services, the Ashoori team truly care and take a vested interest in your success.

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Michael Ashoori, Esq.

President of Ashoori Law

I’m a U.S. immigration lawyer and I help families, professionals, investors, and entrepreneurs get visas, green cards, and citizenship to the United States.

Since starting my law firm, I’ve helped thousands of people from all over the world with their immigration needs. I’m very passionate, hard-working, and committed to my clients.

Got a question? Send me an email.

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