Many E-2 visa holders seek permanent residency in the United States, but the E-2 visa itself does not lead to a green card. Since the E-2 is a non-immigrant visa and does not allow adjustment of status, applicants must transition into an eligible immigrant visa category to obtain a green card. Below are the top three pathways that E-2 visa holders commonly use to gain permanent residency.
1. Family-Based Sponsorship Through Marriage
One of the most straightforward ways for an E-2 visa holder to obtain a green card is through marriage to a U.S. citizen. This process involves:
- The U.S. citizen spouse filing a Form I-130 (Petition for Alien Relative) to sponsor the E-2 visa holder.
- The E-2 visa holder applying for adjustment of status (Form I-485) if they are in the U.S. or going through Consular Processing if abroad.
- Demonstrating the marriage is bona fide, meaning it is legitimate and not entered into solely for immigration purposes.
Once approved, the E-2 visa holder can obtain a conditional green card (if married for less than two years) or a permanent green card if the marriage has lasted more than two years.
2. EB-2 National Interest Waiver (NIW)
The EB-2 National Interest Waiver (NIW) allows highly skilled professionals, entrepreneurs, or individuals in fields of national importance to apply for a green card without a U.S. employer sponsor. E-2 visa holders may qualify if they can prove:
- National Importance: Their work significantly benefits the U.S. economy, technology, education, healthcare, or other critical sectors.
- Well-Positioned to Succeed: They have a strong track record in their field and can implement their plans successfully in the U.S.
- Benefits the U.S. on Balance: The U.S. government determines that granting the applicant a green card without employer sponsorship is in the country’s best interest.
Many E-2 business owners, particularly entrepreneurs, researchers, and technology innovators, can qualify if they demonstrate their business contributes to job creation, economic development, or technological advancement.
3. EB-5 Immigrant Investor Program
The EB-5 visa is a popular green card pathway for E-2 visa holders who wish to transition from temporary status to permanent residency through investment. There are two primary ways to qualify for the EB-5 program:
- Expanding the E-2 Business to Meet EB-5 Investment Requirements:
- Invest at least $800,000 in a Targeted Employment Area (TEA) or $1.05 million in a non-TEA area.
- Create at least 10 full-time jobs for U.S. workers.
- Demonstrate that the business has the potential for significant growth.
- Investing in a Regional Center Project:
- E-2 investors who do not want to actively manage a business may invest in a USCIS-approved regional center.
- The regional center handles job creation, removing the need for the investor to meet job-creation requirements directly.
The EB-5 visa offers a direct path to a green card and allows investors and their families to obtain permanent residency without employer sponsorship.
Conclusion
While the E-2 visa does not directly lead to a green card and cannot be used for the purpose of adjusting status, there are viable pathways for E-2 visa holders to transition to permanent residency. Whether through marriage to a U.S. citizen, the EB-2 National Interest Waiver, or the EB-5 investor program, each option has unique benefits and requirements. Evaluating the best strategy based on your qualifications, business structure, and long-term goals is essential.
If you’re an E-2 visa holder looking to explore green card options, consulting an experienced immigration attorney can help you navigate the process effectively.
