Changing Status From F-1 Visa to E-2 Visa

Changing Status From F-1 Visa to E-2 Visa

International students who are in the U.S. on an F-1 visa and wish to change your status to an E-2 visa may do so by filing Form I-129 with the U.S. Citizenship & Immigration Services (USCIS) before your stay expires.

You may change from F-1 status to E-2 status only if you are in valid F-1 status and have not worked in the U.S. — unless your F-1 visa specifies practical training work authorization. You may not start your U.S. business until your change of status has been approved by the USCIS.

To qualify for an E-2 visa, you must:

Be a national of a U.S. treaty country. The U.S. has commerce and navigation treaties in place with more than 75 countries. You must be a citizen of one of these countries to be considered for an E-2 visa.

Have invested or plan to invest in a U.S. business. You must have personal assets at risk for investment in a U.S. business and, if the business is not yet operational, it must be “open for business” soon in order to obtain your E-2 visa.

Intend to run the business yourself. You must have the appropriate skills and plan to direct and run the business yourself.

Make a substantial investment. You must make a substantial investment in your U.S. business. While the government does not provide a precise definition for “substantial,” what is considered to be substantial for purposes of obtaining an E-2 visa will be in proportion to the size of the business.

Employ others. Your business must be large enough to employ others, not just yourself or members of your immediate family.

Intend to return home. You must intend to return to your home country after your E-2 visa expires.

The period of stay granted to successful E-2 visa applicants is a maximum initial stay of two years, with extensions available by request of up to two years each. There is no limitation on the number of extensions that may be requested or granted.

Applying for an E-2 visa requires extensive documentation, and should not be undertaken without the counsel of an experienced business immigration attorney. We can help you understand the process for obtaining permanent resident status in the U.S. Contact one of the experienced Florida immigration attorneys at Jurado & Farshchian, P.L. by calling (305) 921-0440, or email us at info@jflawfirm.com.

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