While the E-2 investor visa does not directly lead to U.S. Permanent Residency (Green Card), there are several options for an E-2 visa holder to transition to a green card.
In this guide, we’ll cover the top options, the processing times for each, how to apply, and provide key tips on the E-2 to green card process.
Can an E-2 Visa Lead to a Green Card?
The E-2 investor visa does not directly lead to a green card. However, those on E-2 status can apply for a green card, and there are several options available. Before exploring the various options, there is a caveat.
The E-2 visa is not considered dual intent. Simply put, if you take actions that demonstrate you intended to apply for a green card at the time you applied for a nonimmigrant visa such as the E-2, you risk accusations of misrepresentation. Examples of misrepresentation of intent could include filing for a green card application immediately after you moved to the United States upon receiving E-2 approval.
That being said, deciding to stay in the United States after establishing yourself and your business in the United States is a common occurrence, and many E-2 visa holders transition to a green card without issue.
The key takeaway is that the process must be navigated carefully. Our legal team strongly recommends consulting with a lawyer before pursuing a green card application to avoid any issues with intent.
Marriage or Family Sponsorship
If you marry a U.S. citizen or green card holder, or have qualifying relatives, they may sponsor your green card. The process involves the sponsor filing Form I-130 Petition for Alien Relative, which officially establishes the relationship between you and the sponsor.
Additionally, the E-2 visa holder must file Form I-485 Application to Register Permanent Residence, which officially changes the status from E-2 nonimmigrant status to permanent resident status.
EB-5 Green Card
As an investor, one possible option to obtain a green card is through the EB-5 program, a dedicated pathway designed for investors. The EB-5 program has two investment routes:
- A regional center: Regional centers are government-approved investment projects, and there are over 500 in the United States. The key benefit of this route is that it is a passive investment that does not require your participation in management.
- A commercial enterprise: Involves investing in your own business. For this route, you must actively manage the company, and at least ten full-time jobs must be created.
The investment requirement for the EB-5 is substantially higher than that for the E-2. The EB-5 requires an investment of at least $1,050,000, or $800,000 in a Targeted Employment Area, which comprises rural areas or areas with high unemployment.
If the business that you are investing in is considered a “troubled business” (i.e. a business that has seen a net loss over the previous two years), then you simply need to maintain the number of employees that previously worked there for the next two years.
EB-2 or EB-3 Employer-Based Sponsorship
If you can find an employer willing to sponsor you for a job, then you may qualify for a green card through the employment-based immigration process. The EB-2 and EB-3 visas often align with the E-2 visa and offer permanent residency:
- The EB-2 is reserved for those with either an advanced degree or exceptional ability in the sciences, arts, or business
- The EB-3 has three classifications:
- Skilled workers with at least two years of experience
- Professionals with a U.S. bachelor’s or foreign equivalent degree
- Unskilled workers with less than two years of experience
Before attempting to convert your E-2 to permanent resident status via this pathway, it’s important to keep in mind these facts about employment-based sponsorship:
- Annual limits on these green cards have led to lengthy backlogs, meaning you may have to wait in line for a few years before a green card is available.
- Employer sponsorship legally requires employers to test the U.S. labor market before hiring a foreign employee, a process called PERM labor certification. Not only does this put the position at risk, but it is also a lengthy process that takes ~2 years.
To convert your E-2 to one of these green card categories, your employer files the PERM labor certification application. After approval, the employer files the I-140 Immigrant Petition for Alien Workers. If your priority date is current, you can submit the green card application using Form I-485 Application to Register Permanent Residence.
EB-2 With National Interest Waiver
If you meet the EB-2 qualifications and can show that your services will greatly benefit the United States, then you may file a National Interest Waiver (NIW) to self-petition for your green card and skip the PERM Labor Certification process.
Businesses that typically qualify demonstrate a broader impact on the industry, with benefits extending beyond the organization.
To qualify for an NIW, an E-2 investor must demonstrate three things:
- That your enterprise will contribute significantly to U.S. society, economy, health, education, technology, science, or culture.
- That you, the beneficiary, are capable of developing the enterprise. This determination is based on evidence you submit demonstrating your experience, past successes, education, capital, and business plan.
- The U.S. would stand to benefit by waiving the PERM requirement rather than enforcing it.
To transition from an E-2 to an NIW, you must submit the I-140 Immigrant Petition for Alien Workers along with a comprehensive package that includes your EB-2 qualifications and a clear description of your proposed endeavor, along with evidence of how you can achieve it. Next, you must file Form I-485 Application to Register Permanent Residence.
EB-1 Green Card
The EB-1 green card is a first-preference category, the fastest green card route apart from marriage-based immigration. The two relevant categories for an E-2 investor transition include:
- Aliens of extraordinary ability – offers the benefit of self-petitioning and no PERM labor certification. Has the greatest difficulty when it comes to meeting the qualifications, as it requires sustained national or international acclaim.
- Multinational managers or executives – for those with at least one year of managerial or executive experience in a foreign branch in the past three years.
Check out this guide on How to determine if an E-2 visa is suitable for you!
How Can I Change My E-2 Visa to a Green Card?
After you have determined the best pathway for your green card and have secured sponsorship from a qualifying relative, employer, or are eligible to self-petition, the next step is to wait for your priority date to become current (not applicable to all family-based sponsorship cases) and then submit a green card application.
You can submit a green card application while on an E-2 visa by filing Form I-485 Application to Register Permanent Residence with USCIS, paying the green card fees, and waiting anywhere from 4-12 months for your status to adjust from E-2 nonimmigrant to permanent resident status.
What Is the E-2 Visa to Green Card Processing Time?
The processing time for an E-2 Visa to green card transition depends on the pathway that you choose.
- Marriage to a U.S. Citizen: 4-12 months
- EB-5 Green Card: 9-36 months, depending on the type of investment.
- EB-2 or EB-3 Employer-Based Sponsorship: Typically 24-36 months, including PERM, I-140 filing, and adjustment of status.
- EB-1: 8-12 months
Maintaining E-2 Status While Transitioning to a Green Card
The entire green card process can take several years to complete. It’s important to maintain your E-2 status while applications are pending to avoid overstays, which can complicate the process and jeopardize your legal status.
It’s important to plan extensions well in advance of I-94 expiry, maintain substantial investment in your business, and continually participate in operations. For any doubts regarding extending your status during the green card process, we highly advise consulting with an immigration attorney.