VERDIN Dallas Immigration Law FAQ
Can I Change Status from F1 Student Visa to E2 Investor Visa?
E2 Visa Strategy: Visa Status Change from F1 to E2
Isaul Verdin, VERDIN Law, Dallas Immigration LawyerBy Isaul Verdin, VERDIN Founder and Managing Attorney |
Short Answer: Yes.
Many students who hold the the F1 Visa – also have an H1B Work Visa. However, there is an annual numerical cap on the issuance of H-1B visas.
The E2 Visa for business entrepreneurs does not have caps or limitations on number of visas issued. In order to stay and work in the U.S. – an E2 Visa strategy can be used.
Careful Long-Term Planning Needed for F1 to E2 Change of Status
However, this strategy requires careful long-term planning. It is strongly recommended to work with a Board Certified Immigration Attorney experienced on E2 visas and F1 visas – well in advance of the F1 Visa expiration date.
Upon conclusion of academic studies on an F1 visa status, a foreign national may seek to change status from F1 Student Visa to E2 investor visa. The USCIS will allow the change of status if the foreign national meets all of the criteria for the E2 Visa.
Although this strategy requires careful long-term planning, it is a viable strategy.
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F-1 Student Visa
The F-1 Visa (Academic Student) allows you to enter the United States as a full-time student at an accredited college, university, seminary, conservatory, academic high school, elementary school, or other academic institution or in a language training program. You must be enrolled in a program or course of study that culminates in a degree, diploma, or certificate and your school must be authorized by the U.S. government to accept international students.
About Student Visas
From Travel.State.Gov – https://travel.state.gov/content/travel/en/us-visas/study/student-visa.html
Generally, a citizen of a foreign country who wishes to enter the United States must first obtain a visa, either a nonimmigrant visa for temporary stay, or an immigrant visa for permanent residence. You must have a student visa to study in the United States. Your course of study and the type of school you plan to attend determine whether you need an F visa or an M visa.
| To enter the United States to attend: | You need the following visa category: |
|---|---|
| University or college | F |
| High School | |
| Private elementary school | |
| Seminary | |
| Conservatory | |
| Another academic institution, including a language training program | |
| Vocational or other recognized nonacademic institution, other than a language training program | M |
Student Visas
From USCIS – https://www.uscis.gov/working-united-states/students-and-exchange-visitors/students-and-employment
If you would like to study as a full-time student in the United States, you will need a student visa. There are two nonimmigrant visa categories for persons wishing to study in the United States. These visas are commonly known as the F and M visas.
You may enter in the F-1 or M-1 visa category provided you meet the following criteria:
- You must be enrolled in an “academic” educational program, a language-training program, or a vocational program
- Your school must be approved by the Student and Exchange Visitors Program, Immigration & Customs Enforcement
- You must be enrolled as a full-time student at the institution
- You must be proficient in English or be enrolled in courses leading to English proficiency
- You must have sufficient funds available for self-support during the entire proposed course of study
- You must maintain a residence abroad which you have no intention of giving up.
M-1 Student Visa
The M-1 visa (Vocational Student) category includes students in vocational or other nonacademic programs, other than language training.
F-1 Student Employment
F-1 students may not work off-campus during the first academic year, but may accept on-campus employment subject to certain conditions and restrictions. After the first academic year, F-1 students may engage in three types of off-campus employment:
- Curricular Practical Training (CPT)
- Optional Practical Training (OPT) (pre-completion or post-completion)
- Science, Technology, Engineering, and Mathematics (STEM) Optional Practical Training Extension (OPT)
M-1 students may engage in practical training only after they have completed their studies.
For both F-1 and M-1 students any off-campus employment must be related to their area of study and must be authorized prior to starting any work by the Designated School Official (the person authorized to maintain the Student and Exchange Visitor Information System (SEVIS)) and USCIS.
Accruing Unlawful Presence
On Aug. 9, 2018 USCIS issued a policy memorandum (Accrual of Unlawful Presence and F, J, and M Nonimmigrants (PDF, 129 KB) changing how the agency calculates unlawful presence for students and exchange visitors in F, J, and M nonimmigrant status, including F-2, J-2, and M-2 dependents, who fail to maintain status in the United States. Additional information is available on the Unlawful Presence and Bars to Admissibility page.
VERDIN Business E Visa Solutions
VERDIN’s business and investor group provides help to clients wanting to establish and/or expand their business operations in the United States. We have helped clients in multiple industries to include: international trade, real estate, restaurants and hospitality, technology, beauty and fashion, retail and services.
VERDIN represents clients in business planning and E visa matters involving real estate ventures, technology start-ups, business acquisitions, or new business formations.
Our team is especially focused on forming a strategic relationship with our clients to aid them to succeed in the early planning stages. Many of our clients retain us at early stage planning to maximize opportunities for success.
E Visa or Immigration Questions? Please Contact VERDIN Law
Isaul VERDIN has extensive experience advising multinational companies and entrepreneurs on complex US immigration matters involving investments.
Mr. VERDIN focuses on advising companies on structuring entities, acquisitions, and strategic expansion to satisfy US immigration E-1, E2, L1A, L1B, or EB-1 objectives in a variety of fields; including real estate, aviation, technology, manufacturing, retail, luxury goods, and professional services. Additionally, he litigates deportation defense matters throughout the US.
VERDIN boasts a combined 70 years of experience in immigration law. Since its inception, VERDIN has gained a reputation for prevailing in even the most complicated immigration matters.
“As a Board Certified, Immigration Lawyer (Texas Board of Legal Specialization) with over 17 years of experience, my passion is immigration law. We will listen to your concerns, answer all your questions, and expertly guide you through your immigration process.” ~ Isaul VERDIN, Founder and Managing Attorney
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Main Number: (214) 741-1700
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E2 Visas – 2019 Real Estate Industry Report
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