Can-E2-Visa-Lead-to-Green-Card

For many non-U.S. citizens, the E-2 Treaty Investor Visa is an attractive avenue to invest in and operate a business in the United States. However, as time and commitment to the U.S. business deepens, the question often arises: Can I transition from an E-2 visa to a green card (lawful permanent residency)? While the E-2 visa is non-immigrant in nature (meaning it doesn’t directly lead to a green card) there are several pathways to consider for those wishing to make the U.S. their permanent home.

Potential pathways from an E-2 Visa to Permanent Residency

1.EB-5 Immigrant Investor Program

The most straightforward path is through the EB-5 Immigrant Investor Program. E-2 visa holders can potentially qualify for this if they make an additional investment to meet the EB-5 requirements:

• Standard investment: A minimum investment of $1 million in a new commercial enterprise.
• Targeted Employment Area (TEA) investment: A minimum investment of $500,000 in a new commercial enterprise located in a rural area or an area with high unemployment.

The investment must lead to the creation of at least 10 full-time jobs for U.S. workers.

2. Sponsorship by a U.S. Employer or Family Member

E-2 visa holders can be sponsored for a green card by a U.S. employer or a family member:

• Employment-based: If you have a U.S. employer willing to sponsor you, they can file an immigrant petition on your behalf. The process involves the employer proving that there are no qualified U.S. workers for the position, among other requirements.
• Family-based: If you have close family members who are U.S. citizens or green card holders, they may sponsor you for a family-based green card.

3. Adjustment of Status Through Marriage

Marrying a U.S. citizen is another pathway for E-2 visa holders. Upon marriage, the U.S. citizen spouse can file an immediate relative petition, and the E-2 holder can then apply for an adjustment of status to become a permanent resident.

4. Seeking Asylum or Refugee Status

While less common for E-2 visa holders, if conditions in your home country become unsafe due to persecution or a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group, you might be eligible for asylum or refugee status.

5. Other Visa Categories

Some E-2 visa holders transition to another visa category (like the H-1B) and then pursue lawful permanent residency through that new status.

Conclusion

Transitioning from an E-2 visa to lawful permanent residency requires careful planning and might not always be straightforward. It’s essential to stay informed about the latest immigration laws and policies, as they can change. Working with an experienced immigration attorney will help navigate the complexities and provide the best chance of achieving your long-term goals in the U.S.

[Disclaimer: This blog post is meant for informational purposes only and does not constitute legal advice. Please consult with an immigration attorney for advice specific to your situation.]