Changing status from a B1/B2 visitor visa to an E-2 Treaty Investor visa while inside the U.S. is possible but requires careful planning. Below is a step-by-step guide for both the primary applicant and dependents (spouse and children under 21).
Step 1: Confirm E-2 Visa Eligibility
To qualify for an E-2 visa, you must:
✅ Be a citizen of a treaty country (check treaty countries here).
✅ Invest a substantial amount in a U.S. business (usually $100,000+ recommended).
✅ Own at least 50% of the business or have significant control.
✅ The business must be operational and profit-generating.
If you meet these, you can proceed with the change of status (COS) process.
Step 2: Gather Required Documents
For the E-2 Principal Applicant:
Form I-129 – Petition for Nonimmigrant Worker (E-2 classification).
Form I-539 – If bringing dependents (spouse/children).
Proof of Investment (bank statements, purchase agreements, invoices, lease agreements, etc.).
Business Plan (detailed 5-year projections, hiring plans, financials).
Proof of Business Operations (business licenses, contracts, marketing materials).
Proof of Legal Entry (I-94, B1/B2 visa stamp, passport).
Evidence of Treaty Country Nationality (passport copy).
For Dependents (Spouse & Children):
Form I-539 – Application to Extend/Change Nonimmigrant Status.
Marriage Certificate (for spouse).
Birth Certificates (for children).
Proof of Legal Entry (I-94, visa stamp, passport).
Step 3: File Change of Status with USCIS
Filing Process
1. Prepare and submit Form I-129 (for the E-2 principal) along with supporting documents.
2. Submit Form I-539 for dependents along with the primary applicant’s I-129 package.
3. Pay USCIS Fees:
• I-129 Fee: $460
• I-539 Fee (for dependents): $370
• Biometrics Fee (if applicable): $85 per applicant
4. Processing Time:
• Regular Processing: 2-6 months.
• Premium Processing: ($2,805 for 15-day processing, but USCIS sometimes doesn’t offer it for E-2 COS).
Step 4: Maintain Legal Status While Awaiting Approval
• Do not work until COS approval.
• Do not leave the U.S. If you travel internationally, the COS request is abandoned and you must apply for an E-2 visa at a U.S. consulate instead.
Step 5: Approval & Next Steps
✅ If approved, USCIS will issue a new I-94 with E-2 status.
✅ Spouse can apply for work authorization (EAD) by filing Form I-765.
✅ Children can attend school but cannot work.
Important Notes
• E-2 status from USCIS does not provide a visa stamp. If you leave the U.S., you must apply for an E-2 visa at a U.S. consulate abroad to re-enter.
• If your B1/B2 status has expired, USCIS may reject the change of status request.
• If unsure, consult an immigration attorney to avoid delays or denials.
Would you like help finding an attorney or sample business plan templates for E-2 applications?