Many investors that are in the U.S on an E-2 visa may have the opportunity to apply for a green card. For example, let us say that the spouse of an E-2 investor gets sponsored by his company for a green card under the EB-3 category. Let us also say that the green card approval is not certain, and the EB-3 case may be a risky one. Looking at another example, let us say an investor has the ability to apply for a green card under the EB-1 category but the case is a risky one. In both of these cases, the key question comes up of whether or not a green card denial will impact an E-2 visa renewal.
You can find out more about the E-2 visa renewal process by clicking here.
A denied green card application (For example, EB-2 or EB-3) could impact an E-2 renewal depending at what stage it was denied. The issue is that when you file a green card petition you have signaled to the Government that you may have immigrant intent. The closer you get to the green card approval (see the 3 steps for the PERM process by clicking here) the more chance of a possible impact. (For example, if you have filed an I-485 petition it may be worse, but if the company just filed the PERM and it was denied this likely would not have any impact.) The denial of a green card petition may not necessarily impact your renewal but it is certainly something any immigration lawyer would warn you about if an applicant wanted to renew an E-2 visa after a green card denial.
So how easy is it to convert from an E-2 visa to a Green Card?
Regarding the ability to get a green card while on an E-2 visa, the U.S. does not have non immigrant visas that “lead” to a green card the way some countries do. (eg. some countries have a point based system). In the U.S. if you are on an E-2 then you can apply for a green card if you qualify for a category. For example EB-1a is a green card category but has a VERY high bar as it requires extraordinary ability. Eb-2 and EB-3 are also categories but they require a job from a company (unless you are doing EB-2 NIW) and a long labor certification process. EB-5 is another option but requires a significant investment and is often a category that investors on an E-2 visa use to get a green card. You can find out more about the EB-5 visa by clicking here.
You can find out more information about converting from an E-2 to a green card by clicking here. A key takeaway is that there is no silver bullet here.
FREE E-2 Visa Resources
Click on the buttons below in order to claim your free E-2 Visa Guide, sign up for our free E-2 Visa Webinar, join our Facebook Group, or watch our E-2 Visa videos.
Set up an E-2 Visa Consultation
For a dedicated one-on-one E-2 Visa consultation with one of our lawyers, click on the button below to schedule your consultation.
This website and blog constitutes attorney advertising. Do not consider anything in this website or blog legal advice and nothing in this website constitutes an attorney-client relationship being formed. Set up a one-hour consultation with us before acting on anything you read here. Past results are no guarantee of future results and prior results do not imply or predict future results. Each case is different and must be judged on its own merits.
