What are considered “substantial changes” by USCIS, when deciding whether an E-2 business needs to file an I-129 petition to report the change?
When present in the United States on an E-1 or E-2 visa “STATUS”, USCIS has jurisdiction over the specific terms and conditions of your stay, including the duration. Certain changes to your E-Visa business MUST be reported to USCIS. (certain other changes may not be required to be disclosed proactively)
When determining whether an E-2 business needs to file an I-129 petition to report a change, USCIS looks for “substantial changes” that may affect the terms and conditions of the approved E-2 status. While USCIS has not provided an exhaustive list of what constitutes substantial changes, they have offered general guidance.
Substantial changes typically refer to significant alterations in the qualifying factors of the E-2 business. Here are some examples of changes that are generally considered substantial:
- Change in ownership: If there is a change in the ownership structure of the E-2 business, such as the sale or transfer of a significant portion of the business, it is usually considered a substantial change.
- Change in managerial or executive personnel: If there are changes in key personnel who hold managerial or executive positions within the E-2 business, it may be considered a substantial change. This could include replacing the principal investor or other crucial individuals responsible for the business’s operations.
- Change in the nature of the business: If the E-2 business undergoes a fundamental change in its activities or shifts to a substantially different line of business, it may be considered a substantial change. For instance, if a manufacturing company starts offering consulting services as its primary business activity.
- Change in investment amount: If there is a significant increase or decrease in the amount of capital invested in the E-2 business, it may be considered a substantial change. USCIS evaluates whether the change affects the overall viability and feasibility of the business.
- Change in the geographical location: If the E-2 business relocates to a different geographic area or opens additional branches or subsidiaries in a new location, it may be considered a substantial change. USCIS may assess the impact of the change on the business’s ability to generate income and maintain the E-2 requirements.
It’s important to note that USCIS assesses each case individually, and the determination of whether a change is “substantial” ultimately rests with the USCIS adjudicator reviewing your petition.