IIf you are already in the United States under a different non-immigrant status and wish to change your status to E-2 classification, you can follow the process for a change of status. Here's an overview of the steps involved:Confirm Eligibility: Ensure that you meet the eligibility requirements for E-2 classification, including being a national of a treaty country, having made a substantial investment in a U.S. business, actively managing or directing the business, and maintaining the intent to depart the United States upon the termination of your E-2 status.Prepare Documentation: Gather the necessary documentation to support your change of status application. This typically includes a comprehensive business plan, financial documents, proof of investment funds, evidence of the business's viability, and any other relevant supporting documentation. Consult with an immigration attorney to ensure you have all the required documentation.Complete Form I-129: Fill out Form I-129, Petition for a Nonimmigrant Worker, available on the website of U.S. Citizenship and Immigration Services (USCIS). Provide accurate and complete information about your background, the business you have invested in, and your eligibility for E-2 classification.Pay Filing Fees: Pay the required filing fees associated with Form I-129. The fee amount can vary, so check the USCIS website for the current fee and payment options.Submit Form I-129: Send the completed Form I-129, along with the required documentation and filing fees, to the appropriate USCIS Service Center. Make sure to follow the instructions provided by USCIS regarding mailing addresses and submission requirements.USCIS Review: USCIS will review your change of status application, including the Form I-129 and supporting documents. They may request additional information or evidence if needed.Biometrics Appointment: USCIS may require you to attend a biometrics appointment to provide your fingerprints, photograph, and signature as part of the background check process.Decision: USCIS will make a decision on your change of status application. If approved, you will receive a Notice of Approval or an Approval Notice indicating your new E-2 status. If denied, USCIS will provide a written explanation for the denial.Commence E-2 Activities: Once your change of status to E-2 classification is approved, you can engage in activities consistent with E-2 status, such as actively managing or directing the business in which you have invested.It is advisable to consult with an experienced immigration attorney or professional who can guide you through the change of status process, help with document preparation, and provide support during the application and USCIS review stages. They can ensure that your application is properly filed and increase your chances of a successful change of status to E-2 classification.
Immigrant Law-Change of Status to E-2 Classification
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