Transitioning from an E-2 Investor Visa to permanent residency (green card) in the United States is a goal for many E-2 visa holders. The E-2 visa allows investors from treaty countries to develop and manage their U.S.-based businesses, but it does not directly provide a path to a green card. That doesn’t mean that an E-2 visa holders can’t employ one of several strategies to achieve permanent residency, each with its own requirements and processes
1. Investing Capital for an EB-5 Green Card
One of the most direct routes from an E-2 visa to a green card is through the EB-5 Immigrant Investor Program. This requires a substantial investment of either $1,050,000 million (or $800,000 in a targeted employment area) into a new for-profit commercial enterprise that creates at least 10 full-time jobs for U.S. workers. The funds must be lawfully sourced and at risk (just like the E-2 visa). Whilst this pathway requires significant capital, it can be a great option for an investor who grows their E-2 to such success.
2. Investing in a Regional Center Project
An alternative to direct investment is to invest in an EB-5 Regional Center project. Regional Centers are designated by USCIS to promote economic growth and can pool investments from multiple investors, making it much easier to meet the requirements. The required investment is typically $800,000, and the job creation requirement can be met indirectly. This option allows investors to remain passive while meeting the EB-5 requirements.
3. Employment-Based Immigrant Visas
E-2 visa holders can also seek an employment-based green card through an employer sponsor. The most common routes are through the EB-2 and EB-3 visa categories. For highly skilled workers, an employer or employee can file for an EB-2 visa with a National Interest Waiver (NIW), which bypasses the labor certification process if the applicant’s work is deemed in the national interest. Alternatively, the standard EB-2 or EB-3 process involves labor certification to demonstrate that there are no qualified U.S. workers for the position. This can be a complex and time-consuming process but is a feasible path for those with the right job qualifications and employer support.
4. Family-Based Immigrant Visas
Family sponsorship is another route to a green card. If an E-2 visa holder has a close relative who is a U.S. citizen or green card holder, that relative can sponsor them for permanent residency. This includes spouses, parents, children, and in some cases, siblings. The family member must file a petition with USCIS, and the process can take several years depending on the relationship and the availability of visas in the respective family preference category.
5. L-1 Visa for Intracompany Transferees
E-2 visa holders who own or work for multinational companies can also consider the L-1 visa as a pathway to a green card. The L-1 visa is for intracompany transferees who have been employed with a foreign company for at least one year in a managerial or executive position and are being transferred to a U.S. affiliate. After obtaining an L-1 visa, the individual can transition to an EB-1C green card for multinational executives and managers, which is one of the fastest employment-based green card options.
Key Considerations
Transitioning from an E-2 visa to a green card involves several critical considerations. Permanent residency requires a commitment to living in the United States, and E-2 visa holders must plan for all implications. It’s essential to work with an experienced immigration attorney to navigate these pathways and ensure compliance with all legal requirements.
SRR Law Group LLC is dedicated to helping E-2 visa holders explore their options for obtaining a green card. Our experienced immigration attorneys can provide personalized guidance and support throughout the process. Contact us today at 507-580-7374 or stacey@srrlawgroup.com to schedule a consultation and start your journey toward permanent residency in the United States.
Want to read more? Read our comprehensive overview of the E-2 visa process.
