What's the procedure for Change of Status.... OR...... How does this all work?

I received a call today and it inspired this page. If you are in business you can apply for an E or L visa.. Practically, however, how does it work?

The first consideration is whether you are in the US or not. If you are in the US, then we apply for what is called Change of Status. In that case, let's use the example of someone entering on a business visa. The person would enter the US on a B-1 (Visitor for Pleasure) visa in order to either find or build a business. Then, when in the US we would apply for a Change of Status. The person could remain in the US while we are waiting for an answer from the government. Once we receive an approval, the person can remain in the US for the duration of the approval. The catch is that the person may want to travel.

If that person is you, and you choose to travel, then you will have to make an appointment with the US embassy in your country of origin. They will re-evaluate your case and then you can enter the US and exit every day if you so please.

The other side of the equation is the situation where you are in a foreign country and you have a consultant, friend, or lawyer (yes we do that) set up your business. In that case, you will only have one interview with the US embassy in your country of origin. Once you have this interview, you can enter and exit the US as you please. The difference? Embassy appointments can take up to 4 months; so you have a time delay. In the US, you can apply for a 'regular' case or a Premium Processing case. In that situation, you pay an extra filing fee of $1000 and receive a reply in 2 weeks' time (actually 15 calendar days). It does not guarantee an instant approval. It could be a denial, or the CIS could have more questions for you.

I hope this helps you understand the system a bit better.

Stefano Riznyk