What Constitutes a “Substantial Change” Requiring a New I-129 Filing for E-2 Visa Holders?
When an individual is in the United States in E-1 or E-2 nonimmigrant status, USCIS has jurisdiction over the terms and conditions of stay—including the scope and duration of authorized activities. Certain changes in the E-2 business must be reported to USCIS, while others may not require proactive disclosure.
In general, USCIS requires the filing of a new Form I-129 if there has been a “substantial change” in the business—meaning a change significant enough to affect the terms of the original E-2 status approval.
Although USCIS does not provide an exhaustive list, its guidance identifies several types of changes that are typically considered substantial:
Examples of Substantial Changes
- Change in Ownership
- A sale or transfer of a significant portion of the E-2 business may constitute a substantial change. This includes any shift in ownership that affects the control or qualifying investor’s stake in the enterprise.
- Change in Key Personnel
- Replacing executive or managerial staff, such as the principal investor or individuals crucial to day-to-day operations, may be considered a substantial change—particularly if it impacts the strategic direction or eligibility of the business.
- Change in the Nature of the Business
- A fundamental shift in business activities—for example, a manufacturing company transitioning to consulting services—may require USCIS notification. Any alteration that changes the core nature or line of business is subject to scrutiny.
- Change in Investment Amount
- A significant increase or decrease in the capital invested may trigger reporting obligations. USCIS will consider how such changes affect the feasibility, viability, and continuity of the enterprise under E-2 program requirements.
- Change in Geographical Location
- Relocating the business to a new area, or opening additional branches or subsidiaries outside of the original business plan, may be considered substantial. USCIS evaluates whether the change impacts revenue generation, employment creation, or other E-2 eligibility criteria.
Case-by-Case Assessment by USCIS
It is important to understand that the determination of whether a change is “substantial” is made on a case-by-case basis. The final decision rests with the USCIS adjudicator reviewing the petition. Therefore, if you are uncertain whether a change to your E-2 enterprise qualifies as substantial, it is advisable to consult with an immigration attorney or seek a legal opinion before proceeding.
Last Revision: March 2025.