Differences Between Filing E-1 and E-2 Visa Applications with USCIS or at a U.S. Consulate

By Asim Clinch, Immigration Attorney at Clinch Law Firm

For those seeking to travel to the United States for business or investment purposes, the most commonly used visa types are the E-1 (Trader Visa) and E-2 (Investor Visa). These visas provide temporary work and residency permits for individuals involved in trade with the U.S. or planning to invest in the U.S. However, choosing the correct institution for submitting E-1 and E-2 visa applications can significantly impact the application process and outcomes.

• Applying for E-1 and E-2 Visa through USCIS
• Applying for E-1 and E-2 Visas through the US Consulates

For additional questions, feel free to reach out through the comments section of this post, send me a message directly on LinkedIn, or contact me through the website of Clinch Law Firm, an Immigration Law firm I co-founded.

Filing E-1 and E-2 Visa Applications Through USCIS

USCIS (United States Citizenship and Immigration Services) is the federal agency responsible for handling immigration and non-immigrant visa applications within the U.S. Individuals already in the U.S. can file their E-1 or E-2 visa applications through USCIS.

Application Process Through USCIS

• Application Content: Applications through USCIS require thorough preparation. They must include detailed documentation about business plans, trade relationships, and investments.
• Types of Applications: USCIS accepts applications for change of status or extensions for individuals already in E-1 or E-2 status within the U.S.
• Results: USCIS does not issue visas but provides legal status to stay in the U.S. If the applicant leaves the U.S., they must obtain a visa from a U.S. Consulate to re-enter the country.

Advantages of Applying Through USCIS

• Suitable for Those Already in the U.S.: If the applicant is already in the U.S. and wishes to apply for an E-1 or E-2 visa, applying through USCIS is more convenient. Instead of applying for a visa, the applicant requests a change of status to E-1 or E-2.
• Ease of Status Extension: Individuals in E-1 or E-2 status can easily extend their status through USCIS without needing to leave the U.S. during the extension process.

Disadvantages of Applying Through USCIS

• Issues Upon Leaving the U.S.: Approval from USCIS grants legal status but not a visa. Upon leaving the U.S., the applicant must obtain a visa from a U.S. Consulate to re-enter the country.
• Longer Processing Times: USCIS applications may take longer to process compared to consulate applications. Depending on the case load, this could take several months.

Filing E-1 and E-2 Visa Applications Through U.S. Consulates

Applicants residing outside the U.S. can apply for E-1 or E-2 visas through a U.S. Consulate in their home country. Consulate applications are typically used by individuals who need a visa to enter the U.S.

Application Process Through Consulates

• Application Content: Consulate applications also require comprehensive documentation showing business activities, investment amounts, and trade relationships with the U.S.
• Visa Interview: Applicants must attend a visa interview at a U.S. Consulate. If the application is approved, the E-1 or E-2 visa will be added to their passport.
• Results: Upon approval, the applicant receives a visa that allows them to enter the U.S. and maintain E-1 or E-2 status.

Advantages of Applying Through U.S. Consulates

• Direct Visa Issuance: Consulate applications result in the issuance of a visa, making it easier to enter and exit the U.S.
• Faster Processing Times: Consulate applications are generally processed faster than USCIS applications. Depending on the consulate’s workload, processing can take just a few weeks.

Disadvantages of Applying Through U.S. Consulates

• Must Be Done Outside the U.S.: Applicants inside the U.S. who wish to apply through a consulate must leave the country, which can add time and cost.
• Interview Stress: Consulate applications require a visa interview, where the applicant must clearly demonstrate strong trade ties with the U.S. and their intent to return to their home country.

Comparison Between USCIS and Consulate Applications

Criteria	USCIS Application	Consulate Application
Application Location	Within the U.S.	Outside the U.S. (U.S. Consulates)
Result	Legal status to stay in the U.S.	Visa issuance (entry and exit rights)
Interview	No interview required	Mandatory visa interview
Processing Time	Longer	Shorter
U.S. Entry	Must apply for a visa to re-enter	Direct entry with a visa
Application Fees	USCIS application fees	Consulate application fees

Conclusion

E-1 and E-2 visas offer significant opportunities for individuals engaged in trade or investment with the U.S. However, the proper planning of the application process and choosing the correct submission method are critical to ensure visa approval. While USCIS applications are suitable for those already in the U.S., consulate applications provide a faster and more flexible solution.

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