Published: March 10, 2025
Foreign nationals seeking to travel to the US must secure either an immigrant visa for permanent residence or a nonimmigrant visa for temporary visits.
For instance, the B1/B2 visa authorizes you to travel temporarily to the US for business (B1), tourism (B2), or both (B1/B2). Initially, you can remain in the country for a maximum of 6 months on a B-1/B-2 visa, with the possibility of extensions in qualifying circumstances.
However, since B1/B2 visas are limited in numerous ways, many transition to another US visa type. The E-2 visa is an attractive option for foreign nationals from treaty countries to invest and take an active role in managing a business in the US.
Transitioning from one visa category to another can be intricate, requiring precise timing to comply with immigration rules. Yet, the fear of losing existing B1/B2 status is a common concern for those applying for an E-2 visa.
Although applying for an E-2 visa doesn’t automatically cancel your B1/B2 status, the outcome depends on whether you process your application abroad or within the US. Learn how your E-2 visa application can affect your B1/B2 visa status and what you must consider to ensure compliance and approval.
Potential Impact of an E-2 Visa Application on Your B1/B2 Visa
The prospect of switching from an E-2 visa to a B1/B2 visa can be appealing, but complications can arise if you don’t comply with immigration laws. An experienced immigration lawyer can assist you in managing the transition successfully. As a first step, understand the potential impact of applying for an E-2 visa while on a B1/B2 visa.
Change of status
If you live in the US, you can file a status change. Once the United States Citizenship and Immigration Services (USCIS) approves your change of status, you can switch entirely to E-2 status.
Your B1/B2 visa remains valid unless the USCIS cancels it. That can happen if they determine it’s no longer necessary, such as if you’re using the E-2 visa as your primary means of entry. Although applying for an E-2 visa doesn’t cancel your B1/B2 visa, it can change your current legal standing within the country.
Suppose you leave the US after changing your B1/B2 status to E-2. You’re required to obtain an E-2 visa stamp at a US consulate abroad to regain entry to the country under that status.
Consular processing
If you’re not currently in the US, applying for an E-2 visa is appropriate. In some cases, you may be authorized to hold an E-2 and B1/B2 visa simultaneously if there’s a valid reason for maintaining your B1/B2 visa. For instance, you may use it to travel for purposes unrelated to your E-2 business.
Most canceled B1/B2 visas are marked “Canceled Without Prejudice.” Such cancellation doesn’t affect your ability to apply for a new visa. That means you may reapply or submit a new application to enter the US again.
Considerations Before Applying for an E-2 Visa While on B1/B2 Status
You can enter the US on a B1/B2 visa and apply for a B1/B2 status change to an E-2 visa through the USCIS. However, it can result in legal complexities if you don’t understand the requirements. Below, we’ll outline essential factors worth considering before starting the E-2 visa application process.
- Maintain legal status to comply with your authorized stay period while your E-2 visa application is pending.
- Be clear about your intent and ensure that your activities align with the conditions of your existing visa to avoid unnecessary complications.
- Don’t use your B1/B2 visa for unauthorized purposes, such as working or operating a business, as this can cause problems with immigration authorities.
- Remain in the US until the USCIS approves your E-2 visa to prevent abandonment of the application.
Understand Visa Requirements With ALG Lawyers
Given the intricacies of changing visa types, collaborating with a qualified Los Angeles immigration lawyer is essential for a successful application. Doing so can help ensure you preserve your legal status and comply with certain immigration rules.
Whether switching from a B1/B2 to an E-2 visa or considering other immigration options, understanding visa requirements, processes, and implications is imperative. ALG Lawyers can provide invaluable guidance and assistance throughout the process. Contact our law firm now to consult with our reliable team.
(Please note that this article does not create an Attorney-Client relationship between our law firm and the reader and is provided for informational purposes only. Information in this article does not apply to all readers. Readers should not rely on this information as legal advice and should seek specific counsel from a qualified attorney based on their individual circumstances. Thank you.)