Asked in Immigration Law

Q: Can I change from F1 to E2 visa status?

During my Freshman year in undergrad, if I won a competition and received an investment for it, can I switch from a F1 to an E2 visa status? I would like to start a business there. My family owns a business in my country. While I am in college, I want to start my own business in the US. Within 1 to 2 years, we plan to combine the businesses. Would that be a good Idea?

Related Topics:
2 Lawyer Answers
Kyndra L Mulder
PREMIUM
Kyndra L Mulder
Answered
  • Immigration Law Lawyer
  • Jacksonville, FL

A: You can change your status from inside the USA as long as you are in a lawful status when you do so.

You may also qualify for an L visa if you establish a related business to your family business - provided you qualify. This visa would allow you to adjust status.

I suggest you consult with an experienced immigration attorney to discuss your allternatives.

Anthony Kozycki
Anthony Kozycki
Answered
  • Immigration Law Lawyer
  • Tucker, GA

A: Please be aware that starting your own business inside the United States will require employment authorization, which does not automatically come when some is on an F-1 visa. While there are certain circumstances where you can obtain work authorization while on F-1, that is a separate process that needs to be applied for and approved. I would be very careful not to violate the terms of your current F-1 status by starting a business.

You will likely need to speak with an immigration attorney to see what the best way for you to maintain your lawful status while still getting you where you want to go.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.