Consular Filing vs. Change of Status in the U.S.

E-2 Visa Process — Step-by-Step Guide

E-2 visa process: overview
The E-2 Treaty Investor visa allows nationals of qualifying treaty countries to enter the U.S. to develop and direct a real, active business.
The process has two common tracks: consular processing (apply at a U.S. consulate abroad) or change of status (file in the U.S. with USCIS).
Below is a concise, paste-ready explanation you can drop into a page.

1. Pre-filing preparation

Confirm you (or the principal investor) are a treaty national.
Decide the filing route: consular interview vs. USCIS change of status.
Assemble a business plan with 3–5 year projections, hiring timeline, and market analysis.
Document source of funds (bank records, sale documents, investment transfers) and the path of funds into the U.S.
Form the U.S. entity (LLC/Corp) and secure leases, vendor contracts, and business bank accounts so filings show concrete activity.

2. Core evidence checklist

Proof of nationality (passport) for the investor(s).
Organizational documents (articles, operating agreement) and ownership records.
Bank statements and wire confirmations showing the investment is at risk.
Executed leases, supplier/customer contracts, invoices, and payroll set-up.
Business plan, financial projections, and hiring forecast.
Photos of premises, equipment, and business operations (if available).

3. Filing & interview

Consular path: prepare DS-160, pay visa fee, book the consular interview, and bring a complete exhibit binder.
Change of status: file Form I-129 (if applicable) or the appropriate USCIS form and include the full packet; biometrics may be required.
At interview, be ready to explain the investment, daily role, hiring plans, and how the business is not merely marginal.

4. Post-approval & compliance

E-2 status is typically issued for a set period but renewable indefinitely while the business operates.
Maintain corporate records, payroll, taxes, and evidence of ongoing investment activity.
Spouses may apply for work authorization; dependents under 21 may accompany but cannot work.

5. Renewals, changes, and green-card strategy

Renew before expiry with updated financials and evidence of continued business viability.
If you plan to pursue permanent residence, evaluate parallel strategies (EB-5, EB-2 PERM/NIW, or other employment-based paths).

Common pitfalls
Thin business plans, weak source-of-fund documentation, and marginality findings. Therefore, organize exhibits clearly (tabbed binder or PDF index) and consult counsel early.

Need a ready-to-file packet or interview prep? Contact us for a document review and tailored business-plan drafting.

The E-2 Treaty Investor visa is a nonimmigrant option for nationals of treaty countries who want to direct and develop a U.S. business. To qualify, an investor must make a substantial, at-risk investment in a bona fide enterprise and demonstrate ownership or operational control. The business must be active and real — passive investments like mere property holdings normally do not qualify — and the enterprise should generate more than minimal income so it is not merely supporting the investor’s family.

Applicants must prove lawful source of funds and document the path of funds into the U.S. A strong E-2 packet includes a realistic business plan with five-year financial projections, contracts, leases, bank transfers, and evidence of hiring plans that show the enterprise will create jobs.

E-2 status allows principal investors to live in the U.S. while running the business, and spouses of E-2 principals can generally apply for work authorization. Children under 21 may accompany as dependents but cannot work. The visa is renewable indefinitely while the business operates and the investor maintains qualifying status, though it does not provide a direct route to permanent residence. Many investors pursue parallel green card strategies (EB-5, EB-2 with PERM or National Interest Waiver, or EB-1).

Common pitfalls include thin marginality records, weak source-of-fund documentation, and reliance on passive income. Prepare clear organizational records, payroll, and evidence of business activity. Consult experienced counsel early to choose consular processing versus a change-of-status, tailor the business plan, and assemble exhibits that withstand RFEs or consular scrutiny. We provide tailored E-2 packages and reviews. Ready to start your E-2 path? Contact us to start.