Scampi

I know this has likely been asked before but you never know how recent experiences change, so I thought I'd put it out there again.

I'm a UK citizen and am currently in the US on an E2 employee visa with a waiver of inadmissibility (for a controlled substance possession caution I received in the UK 10 years ago). It's a 5 year visa which I've used for 18 months. Sadly, my employment is coming to an end in a few months so I'm looking at new visa options.

My wife and I are in the process of applying for a E2 investor visa for a small business (with her as the primary visa holder). So plan A is to switch to be her dependent on that E2.

My question is, will the waiver be transferrable to the new E2 given it was originally issued alongside a 5 year visa?

Any info on recent experience greatly appreciated!

scrubbedexpat099

All prior experience suggests new visa new waiver.

Noorah101

My understanding is that a waiver is not transferable. This will be a new visa application, so the need for a waiver will be reviewed again and if needed, it will be a new waiver.

Rene

Scampi

scrubbedexpat099

Sounds like you are looking to do a change of status and not apply for a visa?

Scampi

scrubbedexpat099

That would depend, you can use you current E@ and waiver whilst your employment continues.

Scampi

Thanks so much for the replies here. I guess the main concern I have is needing to return home once my status is changed and my current employment ends . Do you know how this would work?

Noorah101

My understanding is that you would then need a new visa.

Rene

scrubbedexpat099

With a change of status you are effectively landlocked, of you leave then you need a visa to re enter.

Scampi

shiversaint

I'm a bit confused by the terminology being thrown around here - would OP really be changing status given the visa type is the same? Or is this the distinction between being the treaty investor vs an essential employee?

Either way, unless you can apply for the new E-2 whilst you are still employed on your old one (and you can have another visa application going on whilst you are using another valid visa), and then remain employed until it is issued, you're going to have to leave the country.

I have switched from one E-2 to another and this is what happened. I also needed a waiver, and it basically resulted in me sitting on my arse in the UK whilst I was waiting. Sounds like you ought to get the ball rolling asap.

scrubbedexpat099

Sounded like he was going to become an E2 Dependent on the back of his wife's business. Could get an EAD that way.

Scampi

Yes, the plan was for myself to get an EAD based on my wife's E2. We are definitely cutting it fine in terms of getting the business plan etc approved before my current employment ends, however it can definitely be done when adding the 60 day grace period that proceeds it. I'll clearly ask a professional opinion as its a fine detail but would likely be within that period that we could get her new E2 visa approved.

TheKingOfHearts

The following seems to suggest you can apply to change status to an E2 dependent, whilst in country, so long as either you remain qualified for your original E2 status OR you have applied whilst still lawfully present during the grace period.

https://www.uscis.gov/sites/default/...urces/C2en.pdf

It seems you would need to file form i-539 to change status to an E2 dependent, but this would obviously be for you AFTER you wife is issued her E2 (or with her application).

For you wife, she would need the company to file an i-129 on her behalf.

Please however read the attached, as it details the steps needed quite clearly