If you’re currently in the United States and considering launching or investing in a business, you may be asking: Can I apply for an E-2 visa while inside the U.S.?
The answer is yes, but there are important details to understand before making your decision. At Legal Reliance, we work closely with entrepreneurs and investors who want to secure E-2 status while already residing in the U.S., and we’re here to walk you through the most efficient and legally compliant path.
Applying for an E-2 visa from inside the U.S. is technically a change of status. That means you are not applying for a visa stamp in your passport, but instead requesting to switch from your current legal status like a B1/B2 visitor, F-1 student, or H-1B worker to E-2 status while remaining in the country.
To do this, you file Form I-129 with USCIS and include supporting documentation such as your investment proof, a detailed business plan, and other legal and financial records. If approved, your status inside the U.S. changes to E-2, allowing you to work for your investment business. However, you will not receive a visa stamp unless you later visit a U.S. consulate abroad.
There are clear advantages to applying from inside the U.S. You avoid international travel, consular interviews, and in some cases, extended wait times at busy embassies. It’s also ideal if your business is already set up and you are legally present in the U.S.
But there are limitations. You cannot leave the U.S. while the change of status is pending, and if you do, your application will be considered abandoned. Even if approved, you must obtain an E-2 visa from a U.S. consulate overseas if you ever want to re-enter the U.S. after international travel. This makes the change of status route a good short-term solution, but not always ideal for long-term flexibility.
If you plan to travel frequently or want the added security of a visa stamp, applying directly through a consulate is often the better option. However, if your circumstances require you to remain in the U.S., the change of status route can be a practical alternative as long as it’s handled correctly.
At Legal Reliance, we help clients determine the best path based on their immigration history, business structure, and long-term goals. Whether you’re applying through USCIS or preparing for a consular interview abroad, our team ensures your petition is legally sound, professionally presented, and built for approval.
To summarize, yes, you can apply for E-2 status while inside the United States. It’s an effective route for many investors but it requires precise legal preparation, a strong business case, and an understanding of what comes next. If you need help with your change of status or want to explore the full E-2 visa process, contact Legal Reliance today to schedule a strategy session with our immigration team.
