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Does an E-2 Visa “Lead To” A Green Card?

By March 4, 2014March 25th, 2022E-2 Visa, EB-5 Visa, Immigration, Investor Visas

There are several differences between an E-2 and an EB-5 visa. For example, an E-2 is a non-immigrant visa so when you apply for an E-2 visa you are not applying for a green card. Also, unlike the EB-5 immigrant (green card) visa, the E-2 visa has a country requirement and if you are not from one of the member countries, you cannot apply for it. In addition, an E-2 visa requires a much smaller investment amount (Our firm has processed E-2 visas with as little as $50,000 investment) and an EB-5 immigrant visa requires either $800,000 or $1,050,000 depending on where you are investing. Also, an EB-5 visa allows for a more or less passive investment through regional centers where an E-2 investor must take an active role in the entity that they start or buy.

One of the disadvantages that is often cited when considering an E-2 visa is that the E-2 visa does not “lead to a green card.” While this is often cited as a disadvantage, this statement does not hold much meaning as all non immigrant visas do not lead to green cards. (Eg. H1-B, L-1, O-1, TN, etc.) Instead, for any non immigrant visa the applicant must find a green card category that they qualify for (Eg. EB-5 or Family Based) and then apply for the green card. As such, the “restriction” that is often cited for E-2 visas is not really an exception at all.  Some green card categories that may be available include the following:

  • EB-5 (investor visa)
  • Marriage based green card
  • Family based green card
  • Employment based green card (eg. a company sponsors you)
  • EB-1 (Extraordinary ability where you can self sponsor)
  • EB-2 National Interest Waiver (where you can self sponsor)

The key is that none of the non-immigrant visas lead to a green card but if you are eligible to apply for any of the above categories, you can apply while in E-2 status.

You should note though that the E-2 visa is not a “dual intent” visa so you must carefully orchestrate the timing of your applications and you must plan your renewals, exits and entries to the country properly if you wish to apply for a green card while in E-2 status. That being said, immigration practitioners have been processing green card visas for E-2 clients for years. In fact, there is a form (Form I-508) which is specifically required for E-2 applicants filing for a green card. To be clear, a business which started where the investor obtained an E-2 visa where the business is successful enough to eventually grow into a million-dollar enterprises which created more than 10 full-time permanent jobs, could qualify to change their visa status from an E-2 visa to an EB-5 green card. Similarly, a person holding an E-2 visa could apply under one of the family based green card categories to the extent they were eligible.

While you must work closely with a qualified immigration attorney, the key of this article is that there is no real restriction which hinders a current E-2 investor from being a beneficiary of any other employment or family based immigrant petition (green card).

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56 Comments

  • Kale Kakhiani says:

    Hello Ian,

    My E2 application was approved two years ago (and extension now); my business is successful enough to create 10 full-time jobs (and with reinvestment it has more than 1 million now). If I apply for EB5 and it gets approved, will I still receive a 2-year green card, or there is a way to get a 10-year one?

    Thank you

  • Khush says:

    Hi…We are an IT consulting company with development center in India and have incorporated as an Inc. in the US. We would like to start small business operations in NYC with 2-3 business development team members and programmers(later). Since it will not only demand 1-2 members from our management team to be available there to manage the business operations but also manage business meetings, we wanted to explore E-2 visa for our CEO and CTO of my company(both are co-founders as well). They currently have Business visas with Indian passport.

    Can you please suggest if it’s feasible?

  • jey says:

    I am in Dubai working in Travel & Tourism field selling hotel stays, I am planning to set up a tour operator in USA which specialized in Groups out of USA to Middle east especially University student groups. Would EB2 be a option ? I can invest up to 100,000 US$.
    or
    I am also looking at opening a Tea shop specialized in traditional Tea flavours along with Shawarma and Shisha. May be I can look at getting a running company and transform it.

    which one of the above two would be a better option while obtaining a EB-2 visa ? I am holding a Sri Lankan Passport

    • IanScott says:

      Hello and thank you very much for contacting us. We know that the decision to start a business in the U.S. is one that brings many questions to the forefront and we are here to help. This firm was founded on an E-2 visa so we understand much of what you are concerned with. Our goal is to assist you so that you can realize the dream of growing a business in the U.S.. I have attached a link to our E-2 visa brochure below that describes our services and fees and you can see from the brochure that we can also help you with your business plan and your business entity set-up.

      E-2 Visa Brochure

      https://legalservicesincorporated.com/wp-content/uploads/2017/01/E-2BrochureScottLegal2015.pdf

      We would like the opportunity to help you and welcome the chance to set up a one hour consultation with one of our lawyers who regularly processes E-2 visas. This lawyer will be able to answer all of your questions and can give you valuable information so that you can make informed decisions. Our consultations can be arranged based on your convenience and can be done over the telephone, via Skype, or in person.

      Our consultation fee of $250 will be refunded to you if you end up hiring us and I have attached the link to set up a consultation below.

      https://secure.lawpay.com/pages/scottlegalservices/operating

      We hope you decide to give us the opportunity to assist you and please let us know if you would like to set up a consultation.

      Kind regards,

  • Heritage Makomborero says:

    Hi Ian,

    My name is Heritage, currently in Zimbabwe Africa, looking to invest up to $600,000 in farming or any other type of business. Am interested in the EB-5 visa, my question is do you assist with identifying suitable businesses in that category and also business plans right through the application process?

  • Dario says:

    Hi,

    I have been in the US working under an E-2 visa for 9 years. I work in investment banking for a european bank and I am a VP in a front office position.

    My employer does not want to sponsor a green card because they know I could potentially leave the company to work in another bank. With the E-2 visa I can only work for my current employer and they are taking advantage of this situation underpaying me.

    What are my options to get a green card (assuming my employer does not sponsor it)? Can I make a case that I am an expert in finance or other industries I cover to get a special skill visa? Is there any naturalization process after being here for 9 years?

    Thank you so much for your help

  • Ahmed says:

    I have a pending green card application, Do I still have a chance of getting E-2 visa if I apply for it?

    or My pending green card application will have a bad effect on getting the E-2 visa

    Also Will applying for E-2 visa have a bad effect on my pending green card application?

    Thank you

    • IanScott says:

      Hello and thank you very much for contacting us. We know that the decision to start a business in the U.S. is one that brings many questions to the forefront and we are here to help. This firm was founded on an E-2 visa so we understand much of what you are concerned with. Our goal is to assist you so that you can realize the dream of growing a business in the U.S.. I have attached a link to our E-2 visa brochure below that describes our services and fees and you can see from the brochure that we can also help you with your business plan and your business entity set-up.

      E-2 Visa Brochure

      https://legalservicesincorporated.com/wp-content/uploads/2015/06/E-2BrochureScottLegalServices20151.pdf

      We would like the opportunity to help you and welcome the chance to set up a one hour consultation with one of our lawyers who regularly processes E-2 visas. This lawyer will be able to answer all of your questions and can give you valuable information so that you can make informed decisions. Our consultations can be arranged based on your convenience and can be done over the telephone, via Skype, or in person.

      Our consultation fee of $250 will be refunded to you if you end up hiring us and I have attached the link to set up a consultation below.

      https://secure.lawpay.com/pages/scottlegalservices/operating

      We hope you decide to give us the opportunity to assist you and please let us know if you would like to set up a consultation.

      Kind regards,

  • Monique Polac says:

    Hi,

    I have a E-2 visa through my employer and my husband is on my visa.
    Can my husband’s company sponsor him for a green card even if his E-2 visa is not through his company but mine?

    His company’s lawyer says he has to have a H1B visa sponsored by his company before they can file for green card, but I doubt that it is true.

    Thanks,

  • Alex Moreno says:

    Hello Ian, I have an E2 Visa and renewed two times , up until june 2018. My sister is a US Citizen. Can she make a petition for me for permanent residence (green card) meanwhile I continue with my E2 Visa? Thanks for your help!

  • Adam Mahamat Issa says:

    Hello Dear Ian
    My wife’s from e2 qualified country and she got Tourist visa B2 visa and wanted to open Beauty Salon her budget is $40.000 USD as a business so how she can apply for Green Card while B1 visa not allow to stay more than 6 months in US.
    Best
    Adam

    • IanScott says:

      Hello and thank you very much for contacting us. We know that the decision to start a business in the U.S. is one that brings many questions to the forefront and we are here to help. This firm was founded on an E-2 visa so we understand much of what you are concerned with. Our goal is to assist you so that you can realize the dream of growing a business in the U.S.. I have attached a link to our E-2 visa brochure below that describes our services and fees and you can see from the brochure that we can also help you with your business plan and your business entity set-up.

      E-2 Visa Brochure

      https://legalservicesincorporated.com/wp-content/uploads/2015/06/E-2BrochureScottLegalServices20151.pdf

      We would like the opportunity to help you and welcome the chance to set up a one hour consultation with one of our lawyers who regularly processes E-2 visas. This lawyer will be able to answer all of your questions and can give you valuable information so that you can make informed decisions. Our consultations can be arranged based on your convenience and can be done over the telephone, via Skype, or in person.

      Our consultation fee of $250 will be refunded to you if you end up hiring us and I have attached the link to set up a consultation below.

      https://secure.lawpay.com/pages/scottlegalservices/operating

      We hope you decide to give us the opportunity to assist you and please let us know if you would like to set up a consultation.

      Kind regards,

  • Maria Wilson says:

    Hi, we have held an E2 visa and renewed five times, up for next five year in January, my son will be turning 21 next year who is an American citizen, what’s our simplest thing to do, renew as usual for another five year E2? Or apply to change status to Green Card? Or wait for son to sponsor us? Thank you

    • IanScott says:

      Thank you for contacting us. We would welcome the opportunity to set up a one hour consultation with one of our lawyers to answer your legal questions. Please let us know if you would like to set something up. Kind regards,

  • Aditya Shah says:

    I am on e3 and considering to convert to e2. I am also planning to get a green card with a previously approved i140. Need guidance!

    Aditya

  • Robin Kim says:

    Hello, I am an 18-year old male who has been living on the island of Guam since the age of 1. I have just graduated from high school this May. I am under the E-2 Dependent Visa because of my parents. Both parents are Korean citizens as so am I. My uncle and aunt are both U.S. citizens and I heard that is supposed to be some kind of advantage in receiving the green card or U.S. Citizenship. So my question is, how long will it take to be qualified for the green card/citizenship? Can I just ask for an application, or must I wait until my family is noticed by the government? My parents keep telling me that we must wait while some of my teachers tell me to apply for a green card.
    Thank you!

    • IanScott says:

      Thank you very much for contacting us and we welcome the opportunity to help you with your legal needs.

      At your earliest convenience, we would be happy to offer you a consultation with one of our lawyers. If after the consultation you decide to hire us to work on your matter and your billing is greater than $2,500, our $250 one hour consultation fee will be waived and the amount will be applied towards your future bill. (As such, the consultation would be free).

      While some legal questions appear straight forward, most do not have a yes or no answer and a proper answer requires a review of the facts and circumstances as well as an application of legal knowledge. Moreover, almost all questions require follow up and additional analysis that is best done during a consultation.

      We look forward to working with you and please contact us if you would like to set up a consultation. For your ease of reference, I have included information below to set up a consultation.

      Please find attached our credit card link to make your $250 consultation payment for a one hour consultation. If you end up hiring the firm and your bill is greater than $2,500, we will apply this consultation fee to your final bill. Once we receive the payment, we can schedule and confirm your appointment. Please reach out if you have any questions.

      https://secure.lawpay.com/pages/scottlegalservices/operating

      • IanScott says:

        Thank you for contacting us. We would be happy to help you with your immigration needs. If you have an E-2 visa, you can apply for any green card category that you are available for. One common category for E-2 visa holders is an EB-5 green card where the applicant initially gets an E-2 visa and then later applies for an EB-5 green card. We would be happy to discuss this further during a consultation.

        Please contact us if you would like to set up a one hour consultation.

        Kind regards,

  • Mimmi says:

    Hi, Thank you for a great site!

    We are a family of four (4 adults though) but we are planning to start a business in Texas, and now we are wondering if a E2-visa for us could be changed to a Green Card in the future? We heard that the E2-visa is not a Immigrant Visa, but what does that mean? 🙂 I’ve serached the internet but find different answers all the time…

    I DO know that Visa not leads to Green Card, I just wonder if it’s possible for us in the future to “apply” for Green Card at our E2-visa?

    Plaese let me know, this is a very big milestone in our planning! 🙂

    THANK YOU!

    /Mimmi from Sweden

  • Muhammad Amin says:

    Hello,
    I am going to take E2 status soon and para rarely i would like to have my uncle to sponsor me as a manager in one of his gas station.
    is it possible if i can carry E2 status and change my status once i have the sponsor form my uncle.

    • IanScott says:

      Thank you very much for contacting us and we welcome the opportunity to help you with your legal needs.

      At your earliest convenience, we would be happy to offer you a consultation with one of our lawyers. If after the consultation you decide to hire us to work on your matter and your billing is greater than $2,500, our $250 one hour consultation fee will be waived and the amount will be applied towards your future bill. (As such, the consultation would be free).

      While some legal questions appear straight forward, most do not have a yes or no answer and a proper answer requires a review of the facts and circumstances as well as an application of legal knowledge. Moreover, almost all questions require follow up and additional analysis that is best done during a consultation.

      We look forward to working with you and please contact us if you would like to set up a consultation. For your ease of reference, I have included information below to set up a consultation.

      Please find attached our credit card link to make your $250 consultation payment for a one hour consultation. If you end up hiring the firm and your bill is greater than $2,500, we will apply this consultation fee to your final bill. Once we receive the payment, we can schedule and confirm your appointment. Please reach out if you have any questions.

      https://secure.lawpay.com/pages/scottlegalservices/operating

  • MR says:

    Hello,

    I live in Pakistan, I run an online website, I earn from that website approx 4000 USD per month, also I have $50,000 cash saved. The issue is I have never filled taxes as for online website their is no such rule for taxes here. Is my money clean for applying e-2?

    • IanScott says:

      Thank you very much for contacting us. We know that the decision to start a business in the U.S. is one that brings many questions to the forefront and we are here to help. This firm was founded on an E-2 visa so we understand much of what you are concerned with. Our goal is to assist you so that you can realize the dream of growing a business in the U.S..

      We would like the opportunity to help you and welcome the chance to set up a one hour consultation with one of our lawyers who regularly processes E-2 visas. This lawyer will be able to answer all of your questions and can give you valuable information so that you can make informed decisions. Our consultations can be arranged based on your convenience and can be done over the telephone, via Skype, or in person.

      Our consultation fee of $250 will be refunded to you if you end up hiring us and we would be happy to send you a link so that we can set up an appointment.

      We hope you decide to give us the opportunity to assist you and please let us know if you would like to set up a consultation.

      Kind regards,

  • Dan says:

    Hello,
    I’ve recently got a Visa E2 by purchasing an existing business. There are over 20 employees working in the business, half FT half PT. May I be qualified to change the status to a VISA E-5? Purchasing an existing business is a qualified condition for that issue? Thanks

    • IanScott says:

      Thank you very much for contacting us and we welcome the opportunity to help you with your legal needs.

      At your earliest convenience, we would be happy to offer you a consultation with one of our lawyers. If after the consultation you decide to hire us to work on your matter and your billing is greater than $2,500, our $250 one hour consultation fee will be waived and the amount will be applied towards your future bill. (As such, the consultation would be free).

      While some legal questions appear straight forward, most do not have a yes or no answer and a proper answer requires a review of the facts and circumstances as well as an application of legal knowledge. Moreover, almost all questions require follow up and additional analysis that is best done during a consultation.

      We look forward to working with you and please contact us if you would like to set up a consultation. For your ease of reference, I have included information below to set up a consultation.

      Please find attached our credit card link to make your $250 consultation payment for a one hour consultation. If you end up hiring the firm and your bill is greater than $2,500, we will apply this consultation fee to your final bill. Once we receive the payment, we can schedule and confirm your appointment. Please reach out if you have any questions.

      https://secure.lawpay.com/pages/scottlegalservices/operating

  • David says:

    Canadian citizen living in the US for a year on a E2 visa which is tied to the company I work for. As a Canadian citizen on a E2 visa am I eligible to apply on my own/thru legal counsel for my own H1B or green gard?

    • IanScott says:

      Thank you for contacting us. You could apply for an E-2 investor visa or an H-1B based on Self employment (but the deadline for this is April 1). You can get your employer to sponsor you for a green card but you cannot sponsor yourself for your green card. Thanks,

  • faraz says:

    i have B1-B2 visa can i apply for E2 visa while visiting usa and how long is the process

  • Lise says:

    Friends of mine came from Italy with an E-2 Visa. They were partners with another couple from Italy to open a Gelato Store. They exhausted all their money and ended up walking away from the business due to not seeing eye to eye with each other. Do they need to open up another business to stay here or can they change their E-2 Visa to just a working visa?

    Looking forward to you response.

    • IanScott says:

      Thank you for contacting us. They would likely have to get a new visa and may have issues with current status. I would recommend setting up a one hour consultation to discuss. I look forward to hearing from you.

      Kind regards,

  • Suprateek Sandu says:

    Dear Ian,

    I am an Australian citizen, currently in US on a E3 Visa. I am a senior IT Professional with 20+ years of experience, MBA and other post graduation qualifications.

    I am looking at investing into my own IT Business (established and currently operating in the US), either myself or in partnership.

    What are the best options for me E2 or EB5? I am looking at long term settling in US, so a path to Green Card (citizenship) would be good.

    Looking forward to you response.

    Regards,

  • Adriana Oliveira says:

    Dear Sirs,

    I’m intending to start business in Miami, under E2 Visa. How much would cost the whole process when hiring your law firm?

    Thank you.

    Adriana de Oliveira

  • Fahad Hassan says:

    Dear Ian Scott,

    I am planning for E-2 visa with a substantial amount of about $150,000. I am doing job at Siemens Pakistan and having a property business with my father. I have never been visit to USA.

    Q#1: So what documents must be carry before applying?

    Q#2: Should I apply on E-2 visa or B-1?

    Q#3: Will I get a gas station with $100,000 amount or not in New York state or Massachusetts?

    Thanks & Regards,
    Fahad Hassan

    • IanScott says:

      Thank you very much for contacting us. We know that the decision to start a business in the U.S. is one that brings many questions to the forefront and we are here to help. This firm was founded on an E-2 visa so we understand much of what you are concerned with. Our goal is to assist you so that you can realize the dream of growing a business in the U.S..

      We would like the opportunity to help you and welcome the chance to set up a one hour consultation with one of our lawyers who regularly processes E-2 visas. This lawyer will be able to answer all of your questions and can give you valuable information so that you can make informed decisions. Our consultations can be arranged based on your convenience and can be done over the telephone, via Skype, or in person.

      Our consultation fee of $250 will be refunded to you if you end up hiring us and we would be happy to send you a link so that we can set up an appointment.

      We hope you decide to give us the opportunity to assist you and please let us know if you would like to set up a consultation.

      Kind regards,

  • Robbie says:

    I have a close friend who is on an E-2 visa. He moved to the US from Germany in 1991 and started a company with his business partner. He’s interested in obtaining his green card for permanent residence in the US, but has been discouraged about the possibility in how to go about this, as he feels the process is vague and confusing. I’ve suggested he talk to an immigration lawyer, but I think he’s a bit discouraged.

    • IanScott says:

      Thank you and you offered him good advice. The process to move to a green card is not a simple one and requires explanation. I encourage him to set up a consultation with us.

      I look forward to hearing from you.

      Kind regards,

  • Shahid Hussain Shera says:

    Dear Sir,
    Thank you for sharing this article.It answers my concern regarding the impact of E2 application on the green card application already filed.
    My next question is that I have already identified an existing business that I intend to take over. I want to visit the USA to see the business operations and assess its future prospects by talking to the existing stakeholders. What category of visa should I apply for doing so?
    And if I come to the conclusion that the business is feasible for me to take over, could I then apply for the E2 visa through an attorney while I am in the USA.
    Looking forward to your reply.

    • IanScott says:

      Thank you for contacting us. You could enter on a B-1 visa to assess business opportunities and visit a potential E-2 business. We could certainly assist you with your application while you are here or in your home country. Please contact us to set up a consultation and we would be happy to help.

      Kind regards,

  • George Sander says:

    Hello, for how long a E-2 VIsas when they first approved and issued, how many times can they be renewed and for long are they renewed ??

    Thank you.

  • Noha Kamal says:

    we are family from Egypt, planing to visit states and change to E2 visa after buying an existting business. i was told that after 2 years and 4 month i can apply for green card…. is that true

    • IanScott says:

      Hello, you can apply for a green card at any time if you are eligible for a green card. Visas do not “lead” to green cards but you can apply for a green card if you meet the criteria. (eg. marriage, EB-5 investment, etc.). Please contact us if you would like to set up a paid consultation to discuss further. Kind regards,

  • brian jones says:

    I am from the UK looking to form a new LLC company in Florida to specialise in property development. I intend to purchase a run down property with an investment sum of $400,000. I am then looking to refurbish the property for resale employing local tradesman. I am looking to do this twice a year. Would I be successful in achieving an E2 visa?

    • IanScott says:

      Hello and thank you for contacting us. Real Estate is always difficult for an E-2 visa and I do not believe what you have outlined would qualify. We had one client that did this but had over 40 properties. If you open a renovation business, that may work but you would have to have more than 2 properties.

      • brian jones says:

        Hi Ian
        I was intending to register a Building Renovations Business in FL. I already have a home in Florida worth $700,000 so I could sell that and add to the $400,000 cash giving me a $1.1M investment pot. Would that start to look more promising to get a E-2 visa?
        Thanks

        • IanScott says:

          Hello..you would have to start a business and buying a house does not qualify for investment. We would be happy to set up a one hour consultation with you to go over E-2 visas. Our $250 fee is applied towards your final bill if you end up hiring us.

          Kind regards,

        • Andi Poll says:

          Brian, with a $1.1M pot you would be better off looking at an EB-5, which gives a path to a GC and citizenship later on. Once you have been granted an EB-5 you can do whatever you like. Your GC will be issued after your first visit into the states after EB-5 status has been granted. They arrive in the post! There may be some restrictions on the GC but a good immi attorney will be able to get them removed.

Leave a Reply to Andi Poll Cancel Reply

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