Yes, under certain circumstances, changing your status from a B1/B2 tourist visa to an E-2 visa within the United States is possible. This process is known as a "Change of Status" application. However, there are specific eligibility criteria and requirements that must be met for a successful change of status to an E-2 visa.
To be eligible for a Change of Status from B1/B2 to E-2, you must meet the following conditions:
Investment: You must have already made a substantial investment or be actively investing a substantial amount of capital in a bona fide enterprise in the United States. The investment must be sufficient to start and operate the business.
Treaty Country: The E-2 visa is available only to nationals of countries with a qualifying treaty of commerce and navigation with the United States. You must be a citizen of one of these treaty countries.
Ownership or Key Employee: You must own at least 50% of the enterprise, be employed in a supervisory or executive role, or possess essential skills that are highly specialized and necessary for the business's operation.
Non-Marginal Enterprise: The enterprise must be a real and active commercial or entrepreneurial undertaking that is not considered marginal. It should have the capacity to generate more than enough income to support the investor and their family.
Intent to Depart: You must demonstrate that you have a genuine intent to depart the United States once your E-2 status comes to an end. This is to show that you do not intend to overstay your authorized period of stay.
Form I-129 Application: You need to file Form I-129, Petition for Nonimmigrant Worker, with the U.S. Citizenship and Immigration Services (USCIS) to request a change of status to E-2.
Maintain Valid Status: It is essential to maintain your B1/B2 status while your Change of Status application is pending. If your B1/B2 status expires before a decision is made on your Change of Status application, you might be out of status, leading to complications.
Please note that the decision to grant a Change of Status is at the discretion of USCIS, and meeting the eligibility criteria does not guarantee approval. It is highly advisable to consult with an experienced immigration attorney to ensure that you understand the process and to improve your chances of a successful Change of Status application.
If you want to see the possibility of the E2 and EB3 VISA process to get a green card, fill out the form below.