If an individual is in the United States in a lawful nonimmigrant status, he may petition USCIS to classify himself as an E-1 or E-2 nonimmigrant. If the individual is outside the United States, he may apply for an E-1 or E-2 nonimmigrant visa directly at a U.S. embassy or consulate that has jurisdiction over his residence by filing an application for a nonimmigrant visa, along with a special supplement designed specifically for E-1 and E-2 nonimmigrants.
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