"Is it better to apply for the E2 at an American consulate or from inside the United States, through a change of status?" It's one of the most frequent questions from anyone planning the move. The honest answer is: it depends on your case — but there's a general recommendation from attorneys, and a good reason behind it.
In general, the guidance tends to be to apply for the E2 at a consulate abroad. To understand why, compare the two paths.
Change of status (inside the US)
Someone already in the United States under another status can request the change to E2 without leaving the country. The catch: that status is usually granted for up to 2 years and does not allow re-entry into the US. If the investor leaves the country, they will have to apply for the E2 visa at an embassy or consulate abroad anyway — and having held E2 status isn't enough; the entire application must be justified with documentation.
Applying at the consulate (abroad)
By filing at a consulate or embassy outside the US, the investor obtains the actual visa for up to 5 years (depending on nationality and case), with multiple entries allowed. It's a far more comfortable situation for anyone planning to travel between the two countries.
If, less than two years after a change of status, the investor leaves the US and applies for the visa at a consulate, the officer will analyze the company's actual track record — above all profit and hiring — and no longer the business plan's projections.
Why this favors the consulate
Imagine a business started from scratch. In the change of status, it was approved based on the business plan's projections. But if, in a short time, the operation hasn't yet reached a consistent level, the consulate — now looking at the company's concrete history — may find it doesn't qualify and deny the visa. That risk is exactly what makes applying directly at the consulate, in most cases, the safer path.
Every case has its particulars
Despite the general rule, many details vary from person to person: current immigration situation, travel plans, the stage of the business, nationality. That's why this is a decision to make with an immigration attorney, who analyzes your specific context and points to the best path. Unike refers that professional and concentrates its consulting on the earlier, decisive step: selecting the right franchise, among the more than 700 we represent, so the business arrives strong at either application path.