[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/frearlaw.com\/can-you-apply-for-the-e-2-while-visiting-the-us\/#BlogPosting","mainEntityOfPage":"https:\/\/frearlaw.com\/can-you-apply-for-the-e-2-while-visiting-the-us\/","headline":"Can You Apply for the E-2 While Visiting the US?","name":"Can You Apply for the E-2 While Visiting the US?","description":"Can you apply for the E-2 while visiting the US? Immigration lawyer Ben Frear breaks down the process, explaining why changing status might not be the best option for most applicants and how to avoid potential pitfalls.","datePublished":"2024-09-17","dateModified":"2024-09-17","author":{"@type":"Person","@id":"https:\/\/frearlaw.com\/author\/bbfrear\/#Person","name":"Ben Frear","url":"https:\/\/frearlaw.com\/author\/bbfrear\/","identifier":1,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/3beb65a17ac0c10e01a8d5e48e4f7ed366ad8190c0993f0f182618cc3fe4dbd8?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/3beb65a17ac0c10e01a8d5e48e4f7ed366ad8190c0993f0f182618cc3fe4dbd8?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Frear Law","logo":{"@type":"ImageObject","@id":"https:\/\/frearlaw.com\/wp-content\/uploads\/Copy-of-Copy-of-Copy-of-Copy-of-Copy-of-Copy-of-Copy-of-FREAR-LAW-180-\u00d7-60-px.svg","url":"https:\/\/frearlaw.com\/wp-content\/uploads\/Copy-of-Copy-of-Copy-of-Copy-of-Copy-of-Copy-of-Copy-of-FREAR-LAW-180-\u00d7-60-px.svg","width":180,"height":60}},"image":{"@type":"ImageObject","@id":"https:\/\/frearlaw.com\/wp-content\/uploads\/blog-image-should-you-apply-for-the-e-2-while-visiting-the-US.jpg","url":"https:\/\/frearlaw.com\/wp-content\/uploads\/blog-image-should-you-apply-for-the-e-2-while-visiting-the-US.jpg","height":1080,"width":1920},"url":"https:\/\/frearlaw.com\/can-you-apply-for-the-e-2-while-visiting-the-us\/","video":{"@context":"http:\/\/schema.org\/","@type":"VideoObject","@id":"https:\/\/www.youtube.com\/watch?v=WfiIeFHAOBQ#VideoObject","contentUrl":"https:\/\/www.youtube.com\/watch?v=WfiIeFHAOBQ","name":"Applying for the E2 While Visiting the US? What You Need to Know!","description":"In this video, immigration lawyer Ben Frear explains whether you can and should apply for the E2 while visiting the United States. Learn about the potential risks and benefits of changing your status from a visitor to E2, the right way to approach this process, and why it might not be the best option for most applicants. If you're considering the E2 visa (or E2 status), this video will help you make an informed decision.\n\nDisclaimer: This video is intended for informational purposes only and does not constitute legal advice. For advice tailored to your specific situation, please consult a qualified immigration lawyer.\n\nDon't forget to like, subscribe, and hit the notification bell for more insights on US visa options for entrepreneurs.\n\nThanks for watching!","thumbnailUrl":["https:\/\/i.ytimg.com\/vi\/WfiIeFHAOBQ\/default.jpg","https:\/\/i.ytimg.com\/vi\/WfiIeFHAOBQ\/mqdefault.jpg","https:\/\/i.ytimg.com\/vi\/WfiIeFHAOBQ\/hqdefault.jpg","https:\/\/i.ytimg.com\/vi\/WfiIeFHAOBQ\/sddefault.jpg","https:\/\/i.ytimg.com\/vi\/WfiIeFHAOBQ\/maxresdefault.jpg"],"uploadDate":"2024-08-17T14:00:32+00:00","duration":"PT4M13S","embedUrl":"https:\/\/www.youtube.com\/embed\/WfiIeFHAOBQ","publisher":{"@type":"Organization","@id":"https:\/\/www.youtube.com\/channel\/UCZgH-DDjbICoI6uMulh9Psw#Organization","url":"https:\/\/www.youtube.com\/channel\/UCZgH-DDjbICoI6uMulh9Psw","name":"Frear Law","description":"Immigration Lawyer for Entrepreneurs \n\nThis channel provides general immigration information for talented foreign nationals who want to live, work and thrive in the United States. \n\nI hope that you find it helpful!","logo":{"url":"https:\/\/yt3.ggpht.com\/ytc\/AIdro_n_kXN2KxXcImITWJhnAIcA4FNtouokx7intx3pFXa0hA=s800-c-k-c0x00ffffff-no-rj","width":800,"height":800,"@type":"ImageObject","@id":"https:\/\/www.youtube.com\/watch?v=WfiIeFHAOBQ#VideoObject_publisher_logo_ImageObject"}},"potentialAction":{"@type":"SeekToAction","@id":"https:\/\/www.youtube.com\/watch?v=WfiIeFHAOBQ#VideoObject_potentialAction","target":"https:\/\/www.youtube.com\/watch?v=WfiIeFHAOBQ&t={seek_to_second_number}","startOffset-input":"required name=seek_to_second_number"},"interactionStatistic":[[{"@type":"InteractionCounter","@id":"https:\/\/www.youtube.com\/watch?v=WfiIeFHAOBQ#VideoObject_interactionStatistic_WatchAction","interactionType":{"@type":"WatchAction"},"userInteractionCount":264}],{"@type":"InteractionCounter","@id":"https:\/\/www.youtube.com\/watch?v=WfiIeFHAOBQ#VideoObject_interactionStatistic_LikeAction","interactionType":{"@type":"LikeAction"},"userInteractionCount":6}]},"about":["Business Immigration","E2 Visa"],"wordCount":717,"keywords":["e-2 visa","e-2 while visiting","E2 Visa Lawyer","e2 visa while visiting","e2 while visiting"],"articleBody":"\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\tCan You Apply for the E-2 While Visiting the US?Hi, my name is Ben Frear, and I\u2019m an immigration lawyer focused on helping entrepreneurs. A big part of my practice involves helping foreign nationals apply for the E-2 visa, a visa that allows qualifying entrepreneurs to run a business in the US after making a substantial at-risk investment.One question I frequently receive from clients is, “Can I apply for the E-2 while visiting the United States?” In this post, I\u2019ll address that question and explain the potential benefits and risks of doing so.Is It Possible to Apply for the E-2 While Visiting the US?Yes, it is possible to change your status from a visitor to E-2 while you are in the United States, as long as you haven\u2019t violated your current status and entered the country on a visa (not through the Visa Waiver Program, also known as ESTA). However, the bigger question is whether you should take this approach.For most clients, I advise against changing status while in the US. Let\u2019s take a closer look at why.Why Changing Status Might Not Be the Best OptionThe primary reason I don\u2019t recommend this path is that while changing your status allows you to stay in the US for two years, you won\u2019t receive an actual visa. This is a critical distinction. Without an E-2 visa in your passport, you cannot re-enter the US in E-2 status after leaving (without first obtaining a visa).In practical terms, this means that after going through the lengthy and often complex process of changing your status from visitor to E-2, you\u2019ll still need to apply for an E-2 visa through a US consulate before you can travel internationally and return to the US in E-2 status. The consular post will review your case as if it were a new application (de novo), meaning they can refuse your visa application even if USCIS approved your change of status.When Should You Consider Changing Status?There are only a few circumstances in which changing status might make sense, the main one being interview availability. If the US consulate in your home country is experiencing extreme backlogs, changing status might be a more practical option. However, it\u2019s essential to approach this with careful planning.The Right Way to Change StatusIf you decide to pursue a change of status, there\u2019s a correct way to do it:Enter the US with genuine intentions. This means you come to the US intending to stay for a short period as a business visitor, not with the sole purpose of changing your status.Set up your business while you are in the US. This might involve opening a business account or signing a commercial lease. Ensure your business is fully set up but do not begin working for the company.Apply for the change of status at the right time. Ideally, you should wait at least 90 days after entering the US before applying for a change of status. This reduces the risk of being flagged for misrepresentation.The Wrong Way to Change StatusNow, let\u2019s talk about what not to do. The wrong way to change status would involve entering the US with the intention of applying for E-2 as soon as possible and rushing through the application process. Not only does this increase the likelihood of application errors and denials, but it could also lead to a finding of misrepresentation if your true intentions at the time of entry were to change status immediately.Final Thoughts: Applying for the E-2 While VisitingSo, while it is possible to change your status from visitor to E-2 while you are in the United States, it\u2019s typically not the best course of action. If you do decide to pursue this path, careful timing and strategic planning are essential to avoid potential pitfalls and misrepresentation issues.Disclaimer: This post is for informational purposes only and should not be considered legal advice. If you\u2019re considering applying for the E-2 visa, I recommend consulting with a qualified immigration attorney who can provide guidance tailored to your specific situation.Thanks for reading, and best of luck as you explore your E-2 visa options!\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\tBen Frear, Esq.Immigration Lawyer for Entrepreneurs \t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t"},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Can You Apply for the E-2 While Visiting the US?","item":"https:\/\/frearlaw.com\/can-you-apply-for-the-e-2-while-visiting-the-us\/#breadcrumbitem"}]}]