Legal Question in Immigration Law in California

F1 Visa to E visa

I am a graduate student and I am on

F1 visa now . I was wondering if I

can change it to E Visa with investing

in a business . What are the term

and conditions about the business ?

how much should I invest ? Can I

buy any business or it should be

related to my study major?


Asked on 7/31/08, 12:21 pm

3 Answers from Attorneys

Amy Ghosh Law Offices of Amy Ghosh

Re: F1 Visa to E visa

Yes...you can. You need to invest around 60k or so atleast and the money needs to come from abroad.

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Answered on 8/04/08, 10:50 pm
Michael Cho Law Offices of Michael Cho

Re: F1 Visa to E visa

You may find in-depth information on the E-2 visa here:

http://www.msclaw.com/e-visa-investors-trader-in-depth.html

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Answered on 7/31/08, 12:58 pm
Janet Greathouse Greathouse Law Firm

Re: F1 Visa to E visa

There are no special requirements for students who wish to change status from F1 to E2. However, since you are a student, you will need to be very clear on the source of your investment funds.

Generally, an E2 investment is a substantial investment that is made into a business that is more than marginal in nature. The law does not specify a minimum investment amount, but consular posts do not all interpret "substantial" investments in the same manner. As a result, even though the amount that you invest in a business does depend on your business needs, you will need to be aware of any special concerns your consular post may have.

If you choose to submit a change of status petition with the USCIS, you will still need to be aware of your consular post's practices, since the consular post will have the authority to review your E2 application.

Since your E2 business will need to be under your control, it could help that your business is in your related field of study. You are not specifically required to choose a related business, but you must be mindful of your qualifications to operate your chosen business.

The bottom line is that the choice that you make for your business and the amount that you invest is your decision. An immigration attorney can help you handle issues that may arise during the process of investing and thus, it is best to retain the services of an attorney in seeking this type of visa.

Please feel free to contact me.

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Answered on 8/04/08, 4:36 am


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