If you’re on an E-2 visa as a foreign investor or entrepreneur in the U.S., you may want to know how to transition from your nonimmigrant E-2 status to a green card. The E-2 visa is an excellent option for foreign nationals who wish to start or manage a business in the U.S., but it doesn’t directly lead to permanent residency. This guide explores the different pathways for E-2 visa holders who want to become permanent residents.
Understanding the E-2 Visa
The E-2 Treaty Investor visa allows foreign nationals to live in the U.S. temporarily while managing a business they’ve invested in. To qualify, the investor must be a citizen of a country with which the U.S. has a commerce and navigation treaty, and they must invest a significant amount of capital in a U.S. business.
The E-2 visa is temporary and nonimmigrant, meaning it doesn’t automatically lead to a green card. Visa holders are required to maintain their investment and business management role, and they must demonstrate intent to leave the U.S. once their visa expires. This can make it challenging to transition to permanent residency, but there are ways to make the change.
EB-5 Immigrant Investor Program
One possible route to a green card is through the EB-5 Immigrant Investor Program. This program allows foreign investors to obtain a green card by investing a substantial amount in a U.S. business. However, this option is expensive and requires significant financial commitment.
To qualify for the EB-5 program, investors must invest:
- $1.8 million in a new commercial enterprise, or
- $900,000 if the investment is made in a Targeted Employment Area (TEA), which includes rural areas or areas with high unemployment.
Additionally, the investment must create at least 10 full-time jobs for U.S. workers within two years. Investors must also provide proof of the source of the funds being invested.
EB-2 and EB-3 Employment-Based Green Cards
E-2 visa holders with advanced degrees or specialized skills can apply for an employment-based green card through the EB-2 or EB-3 categories.
- EB-2 is for individuals with advanced degrees (master’s, PhD) or exceptional abilities in fields like business, sciences, arts, or education.
- EB-3 is for skilled workers (with at least two years of experience) and professionals (with a bachelor’s degree or its equivalent).
For both categories, E-2 visa holders will need an employer to sponsor them, and they must go through a process that includes:
- Submitting a PERM labor certification to the Department of Labor (DOL).
- Filing Form I-140 (Immigrant Petition for Alien Worker) with U.S. Citizenship and Immigration Services (USCIS).
Note that EB-2 and EB-3 green cards are subject to annual limits, so there can be waiting periods, especially for applicants from countries with high demand.
National Interest Waiver (NIW)
The National Interest Waiver (NIW) is an option for E-2 visa holders with exceptional abilities or advanced degrees who can prove their work benefits the U.S. The EB-2 NIW allows applicants to bypass the PERM labor certification process, meaning they do not need a job offer or employer sponsorship.
To qualify for the NIW, applicants must demonstrate that their work serves the national interest of the U.S. Key criteria include:
- Significant Contribution: The individual’s work must have a substantial impact on their field and benefit the U.S.
- Advanced Degree or Exceptional Ability: The applicant should have an advanced degree or significant expertise in their field.
- National Interest: The work must benefit U.S. national interests, such as the economy, health, education, or culture.
The NIW is especially beneficial for entrepreneurs who wish to continue managing their businesses in the U.S. without employer sponsorship.
Family-Based Green Card Options
If you are married to a U.S. citizen or permanent resident, you may qualify for a family-based green card. U.S. citizens and green card holders can sponsor their spouses and other close family members for permanent residency.
This is a straightforward route if you have a U.S. citizen or green card holder relative who is willing to sponsor you.
What are the main requirements for obtaining an EB-5 visa
To obtain an EB-5 visa, foreign investors must meet several key requirements set by the U.S. Citizenship and Immigration Services (USCIS). Here are the main requirements:
1. Investment Amount
- Minimum Capital Investment: Investors must invest a minimum of $1,050,000 in a new commercial enterprise. If the investment is made in a Targeted Employment Area (TEA), which includes rural areas or regions with high unemployment, the minimum investment is reduced to $800,000.
2. New Commercial Enterprise
- Business Type: The investment must be made in a for-profit U.S. business entity that was established after November 29, 1990, or one that has been restructured or expanded to meet the EB-5 criteria.
3. Job Creation Requirement
- Job Creation: The investment must create or preserve at least 10 full-time jobs for qualifying U.S. workers within two years of the investor’s admission as a conditional permanent resident. If investing through a USCIS-designated regional center, indirect job creation may also be counted.
4. At-Risk Investment
- Investment Risk: The capital invested must be at risk for the purpose of generating a return on the investment. This means that the investor cannot guarantee recovery of their investment and must be prepared for potential loss.
5. Source of Funds
- Proof of Funds: Investors must demonstrate that their investment funds are obtained from lawful sources. This includes providing documentation to verify the source of funds used for the investment.
6. Conditional Permanent Residency
- Initial Residency: Upon approval of the I-526 petition, investors and their immediate family members receive conditional permanent residency for two years. They must then file Form I-829 to remove conditions and obtain unconditional permanent residency.
Changing your status from an E-2 visa to a green card can be complex, but there are multiple options available depending on your situation. Whether through the EB-5 investor program, employment-based categories like EB-2 or EB-3, the National Interest Waiver, or family-based sponsorship, there are pathways to permanent residency in the U.S.
It’s essential to consult with immigration experts to evaluate your best options and ensure you meet all requirements. Law and Visas can help guide you through the process, making your transition from an E-2 visa to a green card smoother and more straightforward.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel straightforward and successful. Whether you’re applying for a Student Visa or an L-1 Visa, we handle every step—from preparing your application to gathering the required documents.
Our Immigration Consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process and coordinate with the immigration office or embassy on your behalf.
Law and Visas have a strong record of helping clients secure the visas/permits they need for International travel. You can call us today at +234 812 5505 986 to learn how we can help you.
