It is important for US visa applicants and visitors to the US to understand the difference between a visa and a Notice of Action. Visas are only issued by the US Department of State at a US Embassy or Consulate. A Notice of Action is issued by the US Citizenship and Immigration Services (USCIS) and can be applied for and received by an applicant already in the US in lawful status. A common reason to apply for a Notice of Action from USCIS is to either change immigration status or extend the time an applicant is permitted to remain in the US. Often a foreign national will enter the US on a B1/B2 visa, start a business, and apply to USCIS to adjust their immigration status to E1 or E2. If approved, a Notice of Action will be issued showing the applicant is lawfully in the US on E1 or E2 status. However, a Notice of Action is not a visa the holder may not be able to re-enter the US with a Notice of Action. If the applicant wishes to travel outside of the US they would need to be issued an E visa by a US Embassy or Consulate. Additionally, their visa application will be treated as a first time E visa application, not a renewal, and there is no guarantee that a visa will be issued despite being issued a Notice of Action.
If you are in the US under E1 or E2 status from a Notice of Action and would like to obtain an E1 or E2 visa, contact Lawsorio Consulting at [email protected] to schedule a consultation.
