The E-2 visa is a pathway for investors and key employees from treaty countries to live and work in the United States. Nonetheless, the evolving nature of business means that changes are inevitable. This article explains the essential steps E-2 visa holders and their employers must undertake when facing significant modifications in their industry, ensuring legal compliance and continuity of the visa status.
Understanding Substantive Changes
Substantive changes refer to modifications that fundamentally alter the employer’s essential characteristics, directly impacting an E-2 visa holder’s eligibility. These changes include, but are not limited to:
- Mergers
- Acquisitions
- Sales of the division employing the E-2 visa holder
- Other events that modify the previously approved employer-employee relationship
Action Required for Substantive Changes
Upon encountering a substantive change, immediate action is required to maintain the legal status:
- Notify USCIS: File a new Form I-129 along with the applicable fee.
- Provide Evidence: Documentation must be submitted to demonstrate that the treaty investor or the affected employee still qualifies for E-2 classification.
- Consider an Extension: It’s advisable to simultaneously request an extension of stay for the investor or the affected employee.
Handling Non-Substantive Changes
If the changes are determined to be non-substantive, re-filing Form I-129 isn’t necessary. However, consulting with USCIS to understand the nature of the change is recommended. This involves filing Form I-129 with the fee and a detailed change description.
Reporting Termination
Transparency is key. To maintain compliance, employers should promptly inform USCIS when an E-2 nonimmigrant’s employment is terminated.
Conclusion
For E-2 visa holders and their employers, staying informed and proactive is paramount in navigating business changes. By understanding the required actions for substantive and non-substantive changes, visa holders can safeguard their status in the U.S. For in-depth details, refer to 8 CFR 214.2(e)(8) and 9 FAM 402.9-7(D) regarding E-2 treaty investor status terms, conditions, and E-Visa Company Registration Programs/Databases.
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Citations
- E-2 Treaty Investors
- 8 CFR 214.2(e)(8)
- 9 FAM 402.9 TREATY TRADERS, INVESTORS, AND SPECIALTY OCCUPATIONS – E VISAS
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You may have questions regarding E-2 Investor Visa requirements. We invite you to contact our team at Richards and Jurusik for detailed guidance and assistance. We aim to provide the most accurate and up-to-date information to make your immigration process smoother and less stressful. The immigration lawyers at Richards and Jurusik have decades of experience helping people to work and live in the United States. Read some of our hundreds of 5-star client reviews! Contact us today to assess your legal situation.
