At first glance, it can be confusing to understand the difference between an E-2 visa and an E-2 change of status because both use the same “E-2” classification under U.S. immigration law. However, they are not the same process. Each process follows a different procedure and is handled by a different U.S. government authority.
The E-2 visa is issued at a U.S. embassy or consulate abroad and allows a treaty investor to enter the United States in E-2 status. In contrast, an E-2 change of status is processed inside the United States by the U.S. Citizenship and Immigration Services (USCIS). This option lets someone already in the country under another valid non-immigrant status switch to E-2 classification without leaving.
Understanding this distinction is important because each option has separate requirements, forms, and travel implications. Choosing the correct process depends on whether the applicant is inside or outside the United States, their current immigration status, and their long-term business and travel plans.
E-2 visa overview
The E-2 visa is for nationals of countries that maintain a treaty of commerce and navigation with the United States. It allows a person to enter the country to invest in and manage a business in which they have made a substantial investment. The visa is obtained through a U.S. embassy or consulate abroad, following guidance from the U.S. Department of State (DOS).
Once approved, the investor may enter the United States as an E-2 treaty investor. After admission, the period of authorized stay is shown on Form I-94 and, under USCIS rules, E-2 status is granted in up to two-year increments; visa validity and number of entries depend on the treaty reciprocity with the investor’s country. Family members, including a spouse and unmarried children under 21, may also apply for dependent E-2 visas.
E-2 change of status overview
An E-2 change of status applies to individuals already in the United States under another valid non-immigrant status who wish to change to E-2 classification. This process is handled by the U.S. Citizenship and Immigration Services (USCIS) through a formal application. The applicant must meet the same eligibility requirements as someone applying for an E-2 visa abroad, including nationality, substantial investment, and control of the business.
If approved, the individual gains E-2 status while remaining in the United States. However, this approval does not grant a visa stamp for international travel. If the person later departs the United States, they must apply for an E-2 visa at a U.S. consulate to re-enter.
Key takeaway
Both the E-2 visa and E-2 change of status allow qualified investors to work and live in the United States under the E-2 treaty investor classification. The difference lies in where the process occurs and what is granted: a visa for entry versus status for those already present. Understanding this distinction helps applicants plan their immigration path and avoid travel or filing complications.
E-2 investors and their qualifying employees are generally granted an initial stay of up to two years in the United States, whether they enter with an E-2 visa or receive E-2 classification through a change of status. They may request or receive extensions in two-year increments as long as they continue to meet E-2 eligibility requirements. There is no set limit on the number of extensions that can be granted. However, E-2 holders must always intend to depart the United States once their authorized stay ends or if their status is terminated.
Sources:
- USCIS — https://www.uscis.gov/working-in-the-united-states/temporary-workers/e-2-treaty-investors
- USCIS — https://www.uscis.gov/visit-the-united-states/change-my-nonimmigrant-status
- U.S. Department of State (DOS) — https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/fees/treaty.html