If an individual on an H-1B visa is laid off and currently on a pending B-1/B-2 visitor status, would an E-2 investor visa or returning to F-1 student status be a better option for maintaining legal status in the U.S.?
Obtaining an F-1 change of status can be challenging depending on academic background and institution type. For nationals of E-2 treaty countries, pursuing an E-2 investor visa is often a stronger alternative. Rather than changing status within the U.S., applicants can apply directly via consular processing. To minimize financial risk, it is recommended to place investment funds into an escrow account conditioned on visa approval.