The E-2 Visa is a non-immigrant visa for investors from treaty countries who wish to live and work in the U.S. by investing in a U.S.-based business. While the E-2 visa offers the ability to renew indefinitely, it does not lead directly to a Green Card or permanent residency. However, there are pathways and strategies available for E-2 visa holders who wish to pursue a Green Card. This guide covers various routes, eligibility requirements, and steps to transition from an E-2 visa to a Green Card.
1. Understanding the E-2 Visa and Its Limitations
The E-2 Visa is available for citizens of treaty countries who invest a substantial amount in a U.S. business. While it allows the holder to work, live, and bring immediate family to the U.S., it has limitations:
- Non-immigrant Intent: The E-2 is a non-immigrant visa, so it doesn’t have a direct path to a Green Card.
- Temporary Residency: Although renewable, the visa does not automatically lead to permanent residency.
To transition from an E-2 visa to a Green Card, visa holders must explore alternative Green Card pathways, such as family sponsorship, employment-based categories, or investment-based options.
2. Pathways for E-2 Visa Holders to Obtain a Green Card
Several Green Card options are available to E-2 visa holders, depending on their investment, professional skills, or family situation.
A. Employment-Based Green Cards
- EB-5 Immigrant Investor Program The EB-5 Visa is designed for foreign investors who can make a significant investment in a U.S. business, creating at least ten full-time jobs.
- Investment Requirement: $1.05 million, or $800,000 if investing in a Targeted Employment Area (TEA).
- Job Creation Requirement: The investment must create ten full-time jobs for U.S. workers.
- Advantages for E-2 Holders: The EB-5 can be a logical transition for E-2 holders who can increase their investment to meet EB-5 requirements.
- EB-1 Visa (Extraordinary Ability or Multinational Executives) The EB-1 Visa is for individuals with extraordinary ability in fields such as business, arts, sciences, or athletics. It also includes multinational executives and managers.
- Eligibility: Demonstrated extraordinary ability or a high-ranking executive role in a multinational company.
- Advantages for E-2 Holders: If the E-2 holder can prove extraordinary business or leadership skills, or if they work as a multinational executive, this may be a suitable pathway.
- EB-2 Visa (Advanced Degree or Exceptional Ability) The EB-2 Visa is for individuals with an advanced degree or exceptional ability in their field. A National Interest Waiver (NIW) is available for those whose work benefits the U.S. economy.
- Eligibility: An advanced degree or exceptional ability. The National Interest Waiver (NIW) allows certain applicants to self-petition without employer sponsorship.
- Advantages for E-2 Holders: This route can be ideal for E-2 holders with advanced degrees or specialized skills. With the NIW, they may bypass the need for a job offer.
B. Family-Based Green Cards
Family sponsorship may be an option for E-2 visa holders who have close family members who are U.S. citizens or Green Card holders.
- Immediate Family: Spouses, parents, and unmarried children of U.S. citizens can apply directly for a Green Card.
- Family Preference Categories: Other relatives, such as siblings of U.S. citizens or family members of permanent residents, can also sponsor but may face longer waiting times.
C. Adjustment of Status with EB Visas
If an E-2 visa holder is eligible for an EB-5, EB-1, or EB-2 visa, they may file for an Adjustment of Status (Form I-485) if they are already in the U.S. This allows them to stay in the U.S. while their Green Card application is processed.
- Concurrent Filing: E-2 holders can file Form I-485 (Adjustment of Status) concurrently with an EB visa petition if visa numbers are immediately available.
- Advantages: Adjustment of Status allows the applicant to remain in the U.S. during processing and may grant work authorization while waiting.
3. Key Requirements for Transitioning from E-2 to EB-5 Green Card
For E-2 holders considering the EB-5 Visa, here are the primary requirements:
- Increased Investment: E-2 visa holders must increase their investment to $1.05 million (or $800,000 in TEA areas).
- Job Creation: The investment must generate ten full-time jobs for U.S. workers.
- Documentation: Applicants must show the investment is lawful and at risk, with detailed business plans and employment records.
Note: Transitioning from an E-2 to an EB-5 can be advantageous for entrepreneurs who already have established businesses, as they may only need to increase investment and document job creation.
4. Application Process for E-2 Visa Holders Transitioning to a Green Card
The process involves several steps:
Step 1: Determine the Green Card Eligibility Pathway
Identify the appropriate employment-based or family-based Green Card option.
Step 2: File Form I-140 or Form I-130
- Form I-140 (Immigrant Petition for Alien Worker): Used for employment-based visas like EB-1, EB-2, and EB-5.
- Form I-130 (Petition for Alien Relative): Used for family-based Green Cards.
Step 3: File Form I-485 (Adjustment of Status) or Apply for Consular Processing
- Adjustment of Status: If you’re already in the U.S., file Form I-485 to adjust status without leaving.
- Consular Processing: If outside the U.S., complete the Green Card application at a U.S. consulate in your country.
Step 4: Complete Biometrics and Interview
Attend a biometrics appointment to provide fingerprints, photographs, and other identifying information. In some cases, an interview may be required at a U.S. Citizenship and Immigration Services (USCIS) office or consulate.
5. Advantages and Considerations for E-2 to Green Card Transition
Advantages
- Path to Permanent Residency: The Green Card provides the right to live, work, and travel without restrictions, which the E-2 visa lacks.
- Stability for Family: Dependents on the E-2 visa gain residency rights and future employment opportunities.
- Flexibility: Green Card holders can freely switch employers or start new businesses without needing visa renewal.
Key Considerations
- Increased Investment: E-2 holders using the EB-5 path may need to increase their investment and show additional job creation.
- Processing Time: Depending on the chosen path, transitioning from E-2 to Green Card can take months or even years, especially if there are waitlists for visa categories.
- Non-immigrant Intent: Since the E-2 visa requires non-immigrant intent, transitioning to a Green Card requires demonstrating a change in intent, which an immigration lawyer can help address.
6. Frequently Asked Questions (FAQs)
1. Can E-2 visa holders apply for a Green Card directly?
No, E-2 visa holders cannot apply for a Green Card directly. They must use a separate Green Card pathway, such as an employment-based or family-based visa.
2. Does an E-2 visa holder need to leave the U.S. to apply for a Green Card?
No, if eligible, E-2 holders can file for Adjustment of Status (Form I-485) within the U.S. If they choose consular processing, they may need to apply from outside the U.S.
3. How long does it take to transition from an E-2 visa to an EB-5 Green Card?
Processing times for EB-5 can vary widely, ranging from 12 to 24 months or longer, depending on the complexity of the case and demand in the EB-5 category.
4. Can an E-2 dependent apply for a Green Card separately?
Yes, E-2 dependents can pursue separate Green Card options, such as family sponsorship or employer-sponsored visas.
5. What is the main difference between E-2 and EB-5 requirements?
The E-2 requires a substantial investment with no specific minimum, while the EB-5 requires a minimum of $1.05 million (or $800,000 in TEA areas) and requires job creation for U.S. workers.