You may be able to change from a B-2 tourist visa to E-2 status without leaving the U.S., but that status ends the moment you travel abroad. Here is why applying for an actual E-2 visa at a U.S. consulate is almost always the smarter move.

You might be able to enter the U.S. with a B-2 tourist visa and change your status to an E-2 investor without leaving the country, but it’s almost always a bad idea.

One trip home could cost you everything.

Here’s why.

E-2 Status Is Not an E-2 Visa

Even if you manage to change your immigration status to E-2 while you’re inside the U.S. without getting into trouble—yes, it’s tricky—all you get is E-2 “status,” NOT an E-2 visa.

You can only get an E-2 visa by applying for one at a U.S. consulate or embassy abroad.

And your E-2 status ENDS the moment you leave the United States for any reason.

What Happens When You Leave the U.S.

What if a family member gets sick or dies in your home country? What if you want to visit family at home for the holidays or a birthday? Or what if you just want to travel internationally for some other reason?

You can go—no one’s stopping you—but the moment you leave the U.S., your E-2 status is gone.

And since you never applied for an E-2 visa abroad, you’ll need to apply for one now at a U.S. consulate or embassy and get approved before you can reenter and regain your E-2 status.

Two Applications, Two Chances of Denial

Moreover, U.S. consular officers are going to do their own independent analysis of your E-2 application. No breaks for you because you had E-2 status previously.

So basically, you go through the E-2 process twice and get looked at twice, with two separate sets of fees and expenses, and two separate chances of a denial.

And if the consulate sees it differently than USCIS did, you can be stuck outside the U.S.

Other Risks of Changing Status

A change of status can also take months, and you have to keep your current status valid in the U.S. the whole time. If you travel while your change of status application is pending, it’s considered abandoned.

You’ll also face questions about your intent when you entered the U.S. as a visitor.

Did you really plan to just engage in tourism or did you intend to apply for E-2 status all along?

If you misrepresented your intentions, USCIS could deny your change of status, and you could lose your B-1/B-2 visa too. Then you’re really in trouble.

Apply for an E-2 Visa Abroad Instead

In short, it rarely makes sense to change your status to E-2 while you’re in the U.S. on a B-1/B-2 visa.

Apply for an actual E-2 visa at a consulate instead. You get an E-2 visa stamped in your passport, typically for up to five years, depending on your country.

You can travel. You can freely come and go. And each time you enter the U.S. on your E-2 visa, you get up to two years of legal status.

That’s the whole point of the E-2!

The U.S. government realizes you need plenty of time here to direct, develop and grow your U.S. business, and to hire Americans along the way.

The One Exception I’ve Seen

The only time I’ve recommended a change of status to E-2 was during the early months of Covid, when many U.S. consulates and embassies were completely shut down, with no end in sight. It made sense in a few cases then, but not since.

So the smart move is almost always to apply abroad. Do it once and do it right.

About Me

I’m Joseph Bovino, U.S. immigration and business attorney based in the free state of Florida and serving clients who want to help make America even greater than it already is.

Want to talk through your situation? Book a consultation with me.