The approval request for a substantive change to E-2 status is determined by a service professional. Service officers include “U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, and/or U.S. Immigration and Customs Enforcement, as appropriate in the context in which the term appears.”
A treaty alien must file a new application on Form I-129 and E supplement, requesting an extension of their stay in America. For Form 1-129 applications, the applicant must submit evidence supporting his/her eligibility for E classification based on the substantive changes.
Another way to seek E-2 status based on substantive changes is to obtain a visa from a consular officer – which indicates the new terms and conditions for staying in America. The applicant must also apply for “admission at a point-of-entry.”
A substantive change occurs “where there has been a fundamental change in the employing entity’s basic characteristics, such as a merger, acquisition, or sale of the division where the alien is employed.” If the employee is working for a subsidiary of a parent investor or organization or enterprise, then that subsidiary work may be considered non-substantive.