When considering your immigration options, understanding the distinctions between E-2 Change of Status and E-2 Visa is crucial. Each avenue comes with its advantages and considerations, catering to different circumstances.

Change of Status:

If you currently reside in the U.S. under another non-immigrant visa like H-1B, F-1, or B-1, and wish to transition to E-2 status, opting for a Change of Status is a strategic choice. This allows you to remain in the U.S. during the pending E-2 change of status petition. However, this option is not available for those outside the U.S.

For individuals already in the U.S. looking to expedite their business endeavors, the Change of Status proves advantageous. Utilizing Premium Processing leads to a USCIS decision within 15 calendar days, facilitating immediate work commencement upon approval. Even without Premium Processing, filing the Change of Status petition before your current status expires enables you to stay in the U.S. (without employment) during the pending period.
While the Change of Status route is a prompt solution for managing U.S. business affairs, it necessitates detailed documentation regarding the source of funds for the E-2 investment, a requirement specific to USCIS filings.

E-2 Visa at a Consulate:

Opting for an E-2 Visa through a U.S. Consulate provides a distinct advantage – if approved, you receive an E-2 visa, granting travel in and out of the U.S. In contrast, the Change of Status provides E-2 status for a stay of up to 2 years but requires an E-2 visa for re-entry upon leaving.

Though processing times at U.S. Consulates vary, some have expedited operations, enabling applicants to secure visa appointments within months. The documentation requirements for the Source and Trail of Funds and investment section are less demanding compared to USCIS filings. Additionally, Consular filing fees are notably lower.

Final Considerations:

Opting for simultaneous filing proves to be a practical option, especially given the prolonged processing times at consulates. By submitting both the Change of Status petition to USCIS and the E-2 visa application to the Consulate, you can start working immediately upon USCIS approval. Simultaneously, you have the flexibility to attend the E-2 visa appointment while the Consulate schedules the interview, allowing for a more adaptable approach to your immigration strategy.