E-2 Treaty Investor Change of Status

Overview

An E-2 change of status lets someone already in the United States in another nonimmigrant status, such as B-2 or F-1, switch to E-2 treaty investor or treaty employee status without leaving the country. It is often considered by people who have decided to invest in and run a U.S. business.

To change status to E-2, the qualifying E-2 enterprise files Form I-129 with the E-1/E-2 Classification Supplement with USCIS while the applicant is still in valid status. The investor must be a national of a country that has a qualifying treaty with the United States, the investment must be substantial and placed in a real, operating U.S. enterprise, and the investor must be there to develop and direct it. A spouse and unmarried children under 21 file Form I-539 to change status with the principal, and spouses may be work-authorized incident to E-2 status.

If approved, E-2 status is generally granted for up to two years at a time from inside the U.S. and can be extended. A change of status does not give you an E-2 visa stamp; if you travel, you generally need to apply for the visa at a U.S. consulate. Approval is never guaranteed.

Who this is for

• Visitors or students who have invested in a U.S. business and want to run it
• Nationals of an E-2 treaty country with a substantial, committed investment
• Key employees of an E-2 company who share the company's treaty nationality
• Families who want to change status together with the investor
• Investors who prefer to start the process without leaving the U.S.

How it works

1. 1

   Check eligibility and timing

   We review your nationality, current status, I-94 date and the business to see whether a change of status to E-2 fits your situation.

2. 2

   Build the investment record

   We give you a detailed checklist to document the source of funds, the investment, the business setup and your role.

3. 3

   Prepare the business plan and forms

   We prepare Form I-129 with the E-1/E-2 supplement, the supporting letter and Form I-539 for your family, and help organize your business plan.

4. 4

   Review the package with you

   You review every form and exhibit with us before filing, so the story and the numbers line up.

5. 5

   File and keep you updated

   The package is filed with USCIS while you are in valid status, and we keep you informed about notices and any request for evidence.

Documents you'll usually need

• Passport, current I-94 and visa for each applicant
• Proof of treaty-country nationality
• Company formation documents and ownership records
• Evidence of the investment: bank transfers, purchases, lease and equipment
• Source of funds documentation
• Business plan with hiring and financial projections
• Evidence the business is operating or ready to operate, such as licenses and contracts
• Marriage and birth certificates for dependents

Timing

You must be in valid status when the change of status is filed, so begin preparing well before your I-94 date. Building the investment record often takes the most time. Processing times and fees change, and premium processing may be available for Form I-129 at an extra fee; USCIS publishes current processing times and fees on uscis.gov.

Frequently asked questions

This page is general information about how these applications usually work, not advice for your specific case. USCIS rules, forms and fees change; check uscis.gov for the latest.