Does the E-2 depend on prior approval from USCIS?

The E-2 visa is an excellent option for investors who wish to bring their resources and experience to contribute to the United States economy. However, many wonder which agency is responsible for granting this benefit and how the approval process works.

Usually, when the investor applies for the E-2 visa through a consular process – that is, outside the United States – the approval does not go through USCIS. In this modality, the application is reviewed and decided by a consular officer at the American embassy or consulate in the applicant’s country of origin. Therefore, prior approval from USCIS is not a requirement in this processing flow.

On the other hand, if the person is already in the United States with a different immigration status and wishes to change their status to E-2, in this case the application will be reviewed by USCIS. In other words, the change of status within the U.S. territory involves submitting a petition to USCIS and requires approval from this agency, respecting specific eligibility criteria.

It is always important to emphasize that strictly following U.S. immigration laws is essential. Always seek guidance from qualified specialists and be cautious of companies or marketing campaigns that promise guaranteed results to avoid losses and scams. The information presented here aims to clarify general doubts and does not replace an individualized consultation with qualified professionals in the field.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.