dismissed E-2 Case: Consulting

U.S. Citizenship 
and Immigration 
Services 
In Re : 17304636 
Appeal of California Service Center Decision 
Form I-129, Petition forE-2 Treaty Investor 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: MAY 27, 2021 
The Applicant , a consulting company, seeks to employ the Beneficiary in the United States as its 
president in the nonimmigrant classification of an E-2 Treaty Investor, pursuant to 8 C.F.R . 
§ § 214.2( e )(20) and (21 ). In accordance with the regulations, the application for a change of status 
and extension of stay was filed on Form I-129, Petition for a Nonimmigrant Worker. See 8 C.F.R. 
§ 214.l(c)(l). 
The Director of the California Service Center denied the application. The matter is now before us on 
appeal. The appeal will be rejected . 
Pursuant to the regulations at 8 C.F.R. § 214.1( c)( 5) there is no appeal from the denial of an application 
for an extension of status of an E-1 or E-2 treaty trader or treaty investor. We note that there is no petition 
requirement for E-2 Treaty Investors and there is no petition determination that may be appealed. When 
it published the Final Rule governing the nonimmigrantclassification, the Immigration and Naturalization 
Service (former INS, now USCIS) noted: 
[U]nder section 103 of the Act, the service has exclusive jurisdiction to adjudicate 
applications for admission to this country, as well as applications for change of 
nonimmigrant status to, or extensions of stay in, E nonimmigrant classification. In this 
regard, it should be noted that, unlike other employment-driven classifications, E 
nonimmigrant visa classification is not conferred by means of a petition, but instead by an 
application. 
62 Fed. Reg. 48138 (Sept. 12, 1997). 
Although an appeal was subsequently filed, it must be rejected pursuant to the regulation at 8 C.F.R 
§ 214 .l(c)(5) , which states: 
Decision in Form 1- 129 or 1- 539 extension proceedings. Where an applicant or 
petitioner demonstrates eligibility for a requested extension , it may be granted at the 
discretion of the Service. There is no appeal from the denial of an application for 
extension of stay filed on Form 1-129 or 1-539 . 
(Emphasis added.) 
Because this application is for an extension of stay, the appeal will be rejected. 
ORDER: The appeal is rejected. 
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