Investors and Traders: Changing to E Status in the United States

If an individual is already in the United States in a different visa classification, the person may apply to change status to E visa status. An individual may not commence employment in E status until the change of status application is approved. Approval of the application will not allow the applicant to travel freely in and out of the U.S. Approval only enables the applicant to work in the U.S.

The U.S. sponsoring company files a Form I-129, E Supplement, all supporting evidence and the appropriate filing fees with the USCIS. If the prospective employee has a spouse and unmarried children under the age of 21-years old legally in the United States, a Form I-539 is filed at the same time.

Upon approval of the change of status application, the USCIS issues a Form I-797 Notice of Action Approval Notice. The bottom portion of the Approval Notice contains a new Form I-94 card showing the status has been changed to E and the validity period of the new E status. E visa change of status applications are normally approved in two year increments.

The issuance of a Form I-797 Approval Notice authorizing the change of status to E status also authorizes the individual to commence employment with the E sponsoring company. However, it does not enable the employee to depart and freely re-enter the United States. Under these circumstances, the E employee is required to apply for an E visa at an overseas U.S. embassy or consulate.