The E-2 Treaty Investor Visa, commonly known as the E2 visa, is a non-immigrant visa for citizens of countries that have a commerce and navigation treaty with the United States. Individuals who invest significantly in a U.S. enterprise are entitled to live and work in the U.S., with the option for unlimited visa renewals.

While the E2 visa comes with its set of advantages, it also has certain limitations. It does not automatically grant permanent residency or a Green Card. E2 visa holders are expected to have the intention to leave the U.S. when their visa expires.

However, transitioning from an E-2 visa to a Green Card is possible. In this article, we will explore how transitioning from an E2 visa to a Green Card can allow foreign nationals to access benefits not available with the E2 visa.

Advantages of Transitioning from an E-2 Visa to a Green Card

U.S. permanent residence (Green Card) enables the holder to live and work freely across the United States, offering many rights similar to those of a U.S. citizen. After five years of holding permanent residency, it also paves the way for U.S. citizenship. Transitioning from an E2 visa to a Green Card brings numerous advantages, including:

• The possibility to sponsor relatives for Green Cards.
• Easier travel in and out of the U.S.
• Eligibility for social security benefits.
• Broader employment opportunities.

It’s important to note that E2 visa holders face employment limitations, being allowed to work only within their own investment businesses. With a Green Card, these limitations are lifted, offering greater freedom.

Green Card holders are also free from the requirement to intend to leave the U.S. and their status is not dependent on the success or existence of a particular business. So a Green Card offers a more stable and long-term solution for those looking to make the United States their permanent home.

Steps of Converting Your E-2 Visa into a Green Card

There are several ways to convert an E2 visa into a Green Card. These include increasing the investment amount to qualify for an EB-5 visa, securing sponsorship from a family member or employer, or applying for a National Interest Waiver.

Foreign nationals are advised to seek guidance from an immigration lawyer during this process to ensure a smooth transition to Green Card status.

Increasing Your Investment

A key benefit of the E2 visa is that there’s no set minimum for the investment required. However, it’s generally advised to invest at least $100,000 to ensure the investment is deemed substantial by the United States Citizenship and Immigration Services (USCIS). E2 visa holders can pave the way to permanent residence by increasing their investment, thereby meeting the criteria for an EB-5 Green Card.

The EB-5 program provides a straightforward path for foreign nationals to secure a U.S. Green Card. E2 visa holders looking to transition via the EB-5 route need to familiarize themselves with its specific investment demands.

To qualify under the EB-5 program, investors are required to generate at least 10 full-time jobs and invest a minimum of $800,000 in a new commercial enterprise. This means E-2 investors must increase their investment until it totals at least $800,000 to comply with EB-5 requirements.

Investing in a Regional Center Project

E2 visa holders have the flexibility to invest in an EB-5 regional center project instead of directly into a business, while still maintaining their E2 operations. Regional center projects are often organized as limited partnerships, where the investors take on roles as limited partners. These projects commonly pool funds from multiple EB-5 investors, simplifying the process of meeting the job creation criteria.

The requirement for these regional center investments includes the generation of at least 10 jobs for U.S. workers. Unlike direct investments, this total can include not only direct but also indirect and induced jobs, which are determined through economic models. This approach makes it much easier to meet the job creation requirement.

Sponsorship by an Employer or Family Member

E2 visa holders may also secure a path to a lawful permanent residency through employment if a U.S.-based employer extends a job offer to them. This requires the employer to demonstrate the absence of suitable U.S. workers to fill the role, and treaty investors would need to change their status before accepting a job offer.

In another scenario, E2 investors have the option of obtaining a family-based Green Card through sponsorship by an immediate family member. This includes spouses, parents, and children of either U.S. citizens or current Green Card holders.

Securing a National Interest Waiver

Investors with exceptional skills who seek lawful permanent residency may explore the option of the EB-2 National Interest Waiver. This waiver eliminates the need for employer sponsorship and labor certification by arguing that the investor’s exceptional talents will significantly benefit the U.S. economy. An approved National Interest Waiver allows investors to secure a Green Card independently.

To be eligible for a Green Card through the National Interest Waiver, applicants must:

• Show that their business venture is of significant merit and national importance;
• Have the necessary skills for the success of the business;
• Explain the advantages to the United States of waiving the usual EB-2 immigrant visa requirements, including the absence of need for family or employer sponsorship. The National Interest Waiver is specifically available to individuals with extraordinary abilities or advanced degrees in areas like science, arts, and business.

Timeline for Converting an E-2 Visa to a Green Card

Depending on the chosen pathway, converting an E-2 visa can take several years.

One of the most popular options, the EB5 visa route, entails a few different stages. Initially, applicants must file an I-526 petition, and upon approval, they are eligible to obtain a conditional Green Card that is valid for two years. The I-526 petition’s processing time can depend on several factors, including the type and location of the EB-5 investment, the complexity of the immigration case, and the applicant’s country of birth.

After the two-year conditional residency period, foreign nationals are required to submit Form I-829 to remove the conditions on their EB5 Green Card and obtain permanent residency status. This permanent EB-5 Green Card can be renewed every 10 years.

In the meantime, after five years of residency in the United States, EB-5 investors can apply for citizenship by naturalization. The two-year conditional residency period counts toward this, so the EB-5 visa offers a relatively fast track to U.S. citizenship.

The EB-5 Green Card application process demands detailed personal and financial documentation. This includes, but is not limited to, evidence of investment in a qualifying EB-5 project, documents tracing the source of the investment funds, tax records, scans of passports, certificates of birth and marriage, and many more.

How to Start the Transition Process

Opting for the EB-5 program might be the most straightforward and secure route to changing your E-2 status into permanent residency. Before starting this intricate process, it is important to get help from reliable industry leaders.

EB5AN has helped more than 2,300 families from 60 countries relocate to the United States as lawful permanent residents. Our team has more than a decade of experience, and offers clients first-rate, low-risk EB-5 regional center projects with 100% USCIS project approval rate to date.

If you’re interested in exploring your U.S. investment visa options in more detail, book a call with us today and our expert team will be happy to guide you through every step of the process.