Schedule an Appointment with Our Attorneys Now
What is the Difference Between the Consular Process and Change of Status for an E-2 Visa?
By Asim Kilinc, Immigration Attorney at CK Law Firm
When applying for an E-2 visa, applicants have two main options: pursuing the consular process outside the U.S. or filing for a change of status while already in the U.S. These two methods differ significantly in terms of processing time, application requirements, and the visa’s usage. Determining the most suitable route for the E-2 visa depends on the applicant’s specific circumstances. In this article, we detail the differences between the consular process and the change of status procedure:
- What is the Consular Process?
- What is Change of Status Within the U.S.?
- Key Differences Between the Consular Process and Change of Status
- Which Option is More Advantageous?
If you have further questions about the E-2 visa, feel free to leave a comment below, send me a message via LinkedIn, or contact me through the CK Law Firm website.
What is the Consular Process?
The consular process refers to the procedure where the applicant applies for a visa at a U.S. consulate or embassy outside the United States. Key aspects of this process include:
- Application Steps
- The applicant completes the DS-160 form and submits the required documentation to the U.S. consulate.
- During the consular interview, the applicant’s investment details, business plan, and purpose of entering the U.S. are evaluated.
- Visa Validity and Usage
- Upon successful completion of the consular process, the applicant receives an E-2 visa, allowing entry into the U.S.
- This visa permits multiple entries and exits from the U.S. while valid.
- Timeframe
- Processing times vary depending on the consulate’s workload, typically ranging from a few weeks to several months.
- Advantages
- The consular process provides a physical visa stamp, facilitating travel to and from the U.S.
- It is ideal for applicants applying from outside the U.S.
What is Change of Status Within the U.S.?
Change of status is a procedure where the applicant transitions to E-2 status while already in the U.S. Key points to consider include:
- Application Steps
- Change of status applications are filed with USCIS (U.S. Citizenship and Immigration Services) using Form I-129.
- The applicant must submit investment documentation, a business plan, and supporting documents.
- Rights Granted
- Once approved, the applicant can legally stay in the U.S. and manage their business.
- However, no physical visa is issued during this process.
- Timeframe
- Processing times depend on USCIS workload, ranging from 3 to 6 months. Premium processing reduces this to 15 days.
- Limitations
- Change of status only extends the applicant’s legal stay in the U.S. and does not provide a physical visa stamp.
- If the applicant leaves the U.S., they must complete the consular process to re-enter.
Key Differences Between the Consular Process and Change of Status
| Criteria | Consular Process | Change of Status |
|---|---|---|
| Visa Issuance | A physical E-2 visa stamp is issued. | No physical visa, only status changes. |
| Travel Permission | Allows free travel to and from the U.S. | Status is canceled upon exiting the U.S. |
| Application Location | Completed at a U.S. consulate abroad. | Completed within the U.S. via USCIS. |
| Processing Time | Depends on consulate workload (1-3 months). | 3-6 months, or 15 days with premium processing. |
| Interview Requirement | A consular interview is mandatory. | No interview required. |
Which Option is More Advantageous?
- Consular Process: Best suited for applicants entering the U.S. from abroad or those who anticipate frequent travel. The visa stamp obtained at the end of the process makes travel easier.
- Change of Status: A faster and simpler option for those already legally present in the U.S. and looking to invest. However, it is not recommended for applicants who plan to travel outside the U.S.
Conclusion
The E-2 visa application process varies depending on the applicant’s circumstances and needs. The consular process offers a physical visa for easier travel, while the change of status is a quicker solution for those already in the U.S. Both options should be carefully evaluated to determine the best fit for individual situations.
At CK Law Firm, we provide professional support at every stage of the E-2 visa application process. To determine which method is right for you and successfully complete your application, contact us at cklawfirm.org, via email at info@cklawfirm.org, or directly on LinkedIn.
Who is Attorney Asım Kılınç?
Attorney Asım Kılınç is the co-founder of CK Law Firm and is recognized for his expertise in immigration law and U.S. asylum applications. Kılınç completed his Master’s degree at Southern Methodist University Dedman School of Law and is a member of the Missouri Bar Association, with a focus on U.S. immigration law.
Attorney Kılınç’s extensive knowledge and experience in immigration law have significantly contributed to CK Law Firm’s success in this field. He has actively participated in the preparation of over 1,000 cases, demonstrating his expertise in this area. By providing comprehensive and professional legal support to his clients, he helps them adapt to their new lives in the U.S.
Attorney Kılınç is also well-versed in U.S. asylum applications. He meticulously guides his clients through the process and ensures they receive the best legal advice. He provides top-quality service to clients in matters of citizenship, Green Card, work permits, and other immigration processes, supporting them from start to finish on their journey to U.S. citizenship.
Attorney Asım Kılınç, who solidifies CK Law Firm’s leadership in immigration law and U.S. asylum applications, offers reliable and effective legal consultancy services to clients, assisting them in building a new life in the U.S.
