U.S. employers and foreign investors should understand the various ways to transition from a nonimmigrant E-2 Treaty Investor visa to a green card (permanent residency).
While the E-2 visa is a great starting point for foreign investors wanting to establish or run a business in the U.S., it’s important to remember it’s a temporary visa with no direct path to permanent residency.
Each investor’s situation is unique, so the path to a green card from an E-2 visa may differ. This guide explores different strategies and pathways to help E-2 visa holders transition to a green card.
How to Apply for a Green Card After an E-2 Visa
The E-2 visa is designed for foreign investors and key employees to temporarily enter the U.S. and manage their investments. Unlike immigrant visas that grant permanent residency, the E-2 visa is temporary and doesn’t automatically lead to a green card. However, there are still options to transition to after you’ve acquired an E-2 visa. These include:
EB-5 Immigrant Investor Program
One way E-2 visa holders can obtain a green card is through the EB-5 immigrant investor program, but it requires a significant financial investment. The EB-5 visa offers a pathway to a green card if you invest a substantial amount in a qualifying U.S. business.
If you have the financial resources, you can pursue an EB-5 green card while managing your E-2 business. However, the requirements for the EB-5 are much higher. You typically need to invest $1.8 million in a new business or $900,000 in a high-unemployment or rural area. The investment must also create at least 10 full-time U.S. jobs within two years.
The source of your investment funds will be closely examined. If the money comes from abroad, you’ll need detailed documentation proving its legitimacy. Money earned from your E-2 business in the U.S. can only be used if you first pay yourself, pay taxes on that income, and then reinvest it to meet the EB-5 requirements.
EB-2 and EB-3 Employment-Based Visa Categories
E-2 visa holders with advanced degrees or exceptional skills can also explore the EB-2 or EB-3 categories to obtain a green card.
The EB-2 category is for those with advanced degrees (like a master’s or higher) or extraordinary abilities in various fields. The EB-3 category is for skilled workers with at least two years of experience or professionals with a bachelor’s degree.
However, there are some key requirements:
- Preference Categories: EB-2 and EB-3 visas have different categories based on your profession and education.You’ll need to choose the category that best matches your qualifications.
- Employer Sponsorship: Both categories require a job offer from a U.S. employer willing to sponsor you.
- PERM Labor Certification: The process involves submitting a PERM labor certification to the Department of Labor.
- I-140 Petition: After PERM approval, your sponsor files an I-140 petition with USCIS.
The number of green cards available in these categories is limited each year, and there can be wait times, especially for certain countries.
Family-Based Green Card
If you have a close relative who is a U.S. citizen or green card holder, you might be able to get a green card through them. This is called family-based immigration. It includes options for immediate family like spouses, as well as other categories depending on your relationship with your sponsor.
Interested in Applying for a Green Card Through One of the Visa Categories Listed Above?
If so, Contact VisaPlace today. All our cases are handled by competent and experienced immigration professionals who are affiliated with VisaPlace. These professionals consist of lawyers, licensed paralegals, and consultants who work for VisaPlace Legal, an award-winning immigration firm that adheres to the highest standards of client service.
Ready for the next step? Book your 1 on 1 consultation now or call us at (855) 701-9981.
Have a Question related to your Immigration Needs?
Fill out the FREE Immigration Assessment form and get a response within 24 hours to see if you’re eligible.
The assessment form should take approximately 5-7 minutes to complete. We will get back to you within one business day to let you know if we are able to help.
President & CEO
Michael Niren
Mr. Niren is CEO of VisaPlace LLC and the President and Managing Partner of VisaPlace Legal Canada, an immigration law firm based in Toronto, and VisaPlace Legal US a law firm registered in The District of Columbia, USA. Mr. Niren is a graduate of Osgoode Hall Law School in Toronto, a member of the Law Society of Upper Canada, the Canadian Bar Association’s Citizenship and Immigration Section, American Lawyers Association, and an Associate Member of the American Bar Association.
