The E2 Visa to Green Card – Step by Step Guide

Are you an E-2 Visa holder who wants to convert your non-immigrant visa into a Green Card? Then, you are in luck, because you can do it in different ways, through employment-based green cards, like EB-5, EB-1A, EB-2, EB-3, National Interest Waivers, or family sponsorship.

While the E2 Visa is considered a non-immigrant visa and doesn’t lead to permanent residence, the E2 Visa to Green Card pathway is possible, albeit indirectly. In this guide, we will break down all the options available for gaining lawful permanent residency in the United States, including the application process, amount of capital needed, and eligibility criteria.

Stick around to learn about:

• What is the E2 Visa?
• Does E2 Visa lead to Green Card?
• Five ways to convert E2 Visa to Green Card

What is the E2 Visa?

The E-2 Visa is a temporary, non-immigrant visa for investors. Also known as an “Investor Visa”, it allows foreign nationals from a treaty country to place capital (funds and/or assets) in the United States.

The investment itself is considered profitable, and the applicant must build a business from scratch or buy an existing business to be eligible for the visa. Foreign nationals must remain in the US to manage their U.S. business.

Over 80 treaty countries, including Costa Rica, Mexico, Norway, and the United Kingdom, hold a Treaty of Trade and Commerce with the US. As long as you continue to meet the E-2 Visa requirements, you can renew your E-2 status in two-year blocks.

E2 Visa Benefits

Does E2 Visa lead to Green Card?

No. The E-2 Visa is a non-immigrant visa, so it is temporary and doesn’t lead to a Green Card. But there are smart workarounds. The E-2 Visa allows visa holders to establish themselves and their businesses and later switch to another immigrant visa to obtain permanent residence.

You can go from an E2 Visa to a Green Card in five different ways: EB-5 Visa, company-sponsored Green Card (EB-2 and EB-3), EB-1A, National Interest Waiver (NIW), and family sponsorship. These options provide a direct path to permanent residency.

Treaty investors might want to consult with an E-2 Visa lawyer for a personalized game plan. Immigration lawyers are board-certified experts who can help you avoid mistakes that cost money, time, and sometimes your case. They decipher complex regulations and policy changes and streamline your immigrant petition.

E2 Visa to Green Card Process

The E-2 Visa is not a direct path to a Green Card. There is no automatic process to convert the E-2 Visa into a Green Card. The E-2 is a non-immigrant, temporary visa.

For foreign nationals to secure a Green Card and permanent resident status from an E2 Visa, they must apply for a visa in the immigrant visa category. There are two ways to do this:

1. Apply for a visa at a US consulate or embassy abroad
2. Adjust your status to an immigrant status within the United States.

Securing an Immigrant Visa at a US Consulate (consular processing)

Foreign nationals who live abroad but want an immigrant visa must apply at a US consulate or embassy in their home country. This process is known as “consular processing” or “visa processing.”

It’s important to file an immigrant petition with the US Citizenship and Immigration Services (USCIS). The forms vary based on the immigrant visa, which often includes:

• Form I-526: Filed by an investor for an EB-5 Visa
• Form I-140: Filed by a US employer to sponsor foreign nationals on an employment-based Green Card (like EB-2 and EB-3). Applicants can also file this form on their own behalf for self-petitioning categories, like EB-1A (Extraordinary Ability) or EB-2 National Interest Waiver.
• Form I-130: Filed by Green Card holders to sponsor family members, like a spouse or unmarried children.

The USCIS reviews the petition, provides updates on status application, and makes sure that each applicant meets the eligibility requirements.

Adjust status

If you are in the US and have lawful status, you can apply for an adjustment of status. This basically lets you convert your non-immigration visa status to immigrant visa status.

You must be eligible for a Green Card in a specific immigrant visa category (e.g., through family sponsorship, employment, asylum, etc.). For that, you need an approved immigrant petition (like Form I-130 or I-140) or concurrent filing eligibility.

The entire process is completed in the USA. Note that you don’t need to leave the country as long as you have a lawful status. To know if immigrant visas are available and track the priority date, check the Visa Bulletin published by the US Department of State.

Financial Requirements for E2 Visa to a Green Card

The E2 Visa doesn’t have a set minimum amount of money for you to invest. Rather, treaty investors must show they can provide a substantial investment in a bona fide enterprise (not a marginal enterprise), and that the capital should be a significant amount to support their investment enterprise.

Generally speaking, an investment starting anywhere from $100,000 and up is considered a safe bet for an E-2 Visa. The investment amount must be enough to ensure the successful operation of the enterprise you establish or run, and support more than a minimal living for the investor and their dependent family members.

If treaty investors want to apply for a Green Card through EB5 Visa, then they need to invest additional capital funds. An EB-5 investment requires at least $800,000 in a Targeted Employment Area (TEA) or $1,050,000 in metropolitan locations. They must actively manage their US business, and provide job creation for American workers.

Other than the visa application process, treaty investors should factor in the costs of working with immigration lawyers and family sponsorship.

E2 Visa to Green Card: Step-by-Step

• Consult with immigration attorneys.
• Select your immigrant visa classification.
• Apply for your immigrant visa.
• Obtain the Green Card and lawful permanent residency.

Five Ways to Convert E2 Visa to Green Card

To get a green Card after an E-2 Visa, treaty investors can choose one of the following options: the EB-5 investment visa, employer sponsorship, the EB1A for extraordinary ability, a National Interest Waiver, or a marriage-based green card.

Immigration lawyers can simplify the application process, help you choose the correct pathway, and collect the necessary documents. Here is a detailed guideline for the five options available to foreign nations for getting an immigrant visa and permanent residency in the US:

1. EB5 Visa
2. A company-sponsored Green Card
3. EB1A Visa
4. National Interest Waiver
5. Marriage-based Green Card

1. EB5 Visa

The EB5 Visa is an immigrant visa that allows investors to live and work in the United States with the possibility of attaining permanent residency, provided they meet the EB-5 investment.

You must invest in a US business (minimum of $1,050,000 or a reduced minimum investment of $800,000 if in a Targeted Employment Area). With an EB-5, you can acquire a Green Card, along with your direct family members (unmarried children and partner).

One of the main benefits of moving from an E-2 Visa to an EB5 Visa is that any additional capital in your E-2 business could potentially count toward your EB-5 minimum investment amount. So let’s say you’ve invested $100,000 in your E-2 business. This could count toward your EB-5 investment amount, so instead of having to contribute $1,050,000, your contribution would be $950,000 (or $700,000 rather than $800,000 if your investment falls in one of the targeted employment areas).

Note: For your investment earnings to count toward your EB-5 investment, you have to redirect the money out of the business and reinvest it in the E-2. Immigration lawyers can guide you through the entire application process and collect all the documents.

2. Company-Sponsored Green Card

Another way to convert your E2 status to a Green Card and get lawful permanent residence is to have a company sponsor you. This includes several employment-based preference categories, such as:

• EB-2 (for advanced degrees or exceptional ability)
• EB-3 (for skilled workers, professionals, and other workers)

A key benefit of the E2 is that it allows your spouse to work. Since E2 Visa holders can only be committed to their own investment company, the spouse acquires work authorization. Although an E-2 spouse can get sponsored for a Green Card through an employer, it has to be an independent US employer, not the primary E-2 Visa holder.

To go through this route, the US employer willing to sponsor you must obtain a labor certification through the Department of Labor. This is known as the PERM labor certification process and includes your employer submitting a “prevailing wage determination” to ensure that the position you will be undertaking meets the salary requirements of the US Citizenship and Immigration Services (USCIS).

The next step is to get approved for either an EB-2 Visa (the second preference employment-based category) or an EB-3 visa (the third preference category for employment-based visas) and have your visa status adjusted accordingly.

 This is a three-step process:

1. The company obtains a labor certification.
2. You apply for the employment-based visa.
3. Adjustment of status or visa processing.

3. EB1A Visa if you have an ‘Extraordinary Ability’

The EB-1A visa is an immigrant visa for people holding extraordinary abilities in either the arts, sciences, athletics, education, or business. It is a legitimate pathway to acquiring permanent residency in the US.

To qualify and become a permanent resident, you must prove three things:

• You have an extraordinary ability.
• You will work in the USA in your field.
• Your entry to the United States will substantially benefit the nation.

One of the main advantages of an EB-1A visa is that it does not require an employer to sponsor you. You can file an EB-1A visa yourself without needing to have a job offer or company sponsorship under your belt.

4. National Interest Waiver

Another viable option to obtain the Green Card with your E-2 Visa is if you manage to acquire a National Interest Waiver. As a subcategory of the EB-2 Visa, the EB-2 NIW (National Interest Waiver) applies to advanced degree professionals or individuals with exceptional abilities. In a nutshell, the National Interest Waiver basically waives the requirement for you to go through the labor certification process and obtain the certificate from a US employer.

To be eligible for the EB-2 NIW (National Interest Waiver), you have to tick the following boxes:

• You must qualify for an EB-2 visa (without the labor certification).
• The field you plan to work in must hold substantial merit and national importance.
• You must be well-positioned to advance in your endeavor.
• You must prove that it is in the United States’ national interest to waive the requirement for you to have a US job offer from a company with an approved labor certification.

5. Marriage-Based Green Card

You can convert an E-2 Visa to Green Card through marriage. The E-2 Visa holder must be legitimately married to a US citizen or someone with lawful permanent resident status. The petitioner must be a citizen of the United States or a Green Card holder.

Why work with Global Citizen Solutions?

Global Citizen Solutions is a boutique investment migration consultancy firm focused on finding the right residency or citizenship by investment program for individuals wishing to secure their future and become global citizens. With offices in Portugal, the United Kingdom, Hong Kong, and Brazil, our multilingual team guides individuals and families from start to finish, providing expert advice considering freedom, mobility, taxation, and security.

• We have helped hundreds of clients from 35+ countries in all the top Residency by Investment and Citizenship by Investment programs. With an in-depth and comprehensive understanding of the area, we provide our clients with solid guidance. We have a team of immigration lawyers, and immigration advisers specialized in US immigration.
• Our team has never had a case rejected. Our 100 percent approval rate sets us apart from our competitors and guarantees that you can expect a successful application.
• Our transparent pricing covers all the processes from opening your bank account, document certification, and legal due diligence to investment and submission. As there is one fee for the entire process, you can be confident that you will not face any hidden costs later.
• All data is stored within a GDPR-compliant database on a secure SSL-encrypted server. You can be safe knowing that your personal data is treated with the utmost security.
• Global Citizen Solutions provides an all-encompassing solution. Our support can continue even after you receive your passport. We offer additional services such as company incorporation, Trusts, and Foundations formation.
• The BeGlobal Onboarding System® allows you to access the status of your application every step of the way, something that sets us apart from our competitors.

Frequently Asked Questions About the E2 Visa to Green Card

Can I convert my E2 Visa to Green Card?

Yes, you can, but not directly. As an E2 Visa holder, you must apply for one of the following visa routes to acquire permanent residency: EB5 Visa, company-sponsored Green Card, EB1A Visa, National Interest Waiver, and marriage-based Green Card. If you have a family member who is a US citizen and is over 21, they may be able to sponsor your Green Card application.

How long does it take to get a Green Card with E2 Visa?

The E2 to Green Card conversion timeline spans a spectrum, influenced by your chosen pathway and current processing backlogs. Individual factors such as nationality can further impact the timeline. Meticulous preparation and expert guidance can make the process of becoming a US permanent resident smoother for all applicants.

What is the E2 Visa to Green Card processing time?

You must convert the E-2 Visa into an immigrant visa, via EB-5, EB-1A, EB-2, EB-3, National Interest Waivers, or family-based sponsorship. The processing time varies for each option, but it can take from one year to several years. For example, the processing time for family-based sponsorship is usually the fastest, sometimes taking about 10 months.

Can E2 Visa holder travel outside US?

Yes, as an E-2 Visa holder, you can leave the US to travel the world and re-enter as long as your visa stamp is still valid and not expired.

What is the E2 employee visa to Green Card?

There is no E-2 employee visa that gives you a Green Card. Just like E-2 treaty investors, E-2 employees must apply for a separate immigrant visa, like employment-based visas (EB-1A, EB-2, EB-3, National Interest Waivers) or family sponsorship.

What are the disadvantages of E2 visa?

The E-2 Visa is a temporary, nonimmigrant visa, so it can’t make you a direct US citizen or permanent resident. Also, it is tied to your investment enterprise, and if the business fails, you risk losing your E-2 status. To remain lawfully in the US, you must renew your E-2 visa and keep meeting the eligibility requirements.

How long can I stay in the US after my E2 Visa expires?

To know how long you can stay, check the date on your I-94 record on the official US Customs and Border Protection (CBP) website. The E-2 Visa usually lasts up to two years, but every case is different, and some last three months to five years. You can renew it in two-year blocks.

What are the requirements to go from E-2 Visa to Green Card?

You must apply for permanent residency through different pathways and switch to immigrant visas. Each visa has its own requirements; for example, the EB-5 requires a substantial investment of $800,000 in a Targeted Employment Area (TEA) or $1,050,000 in metropolitan locations.

Is it easy to switch from an E-2 Visa to a Green Card?

No, it is not easy. The application process for a Green Card must be carefully considered because each immigrant visa has different eligibility criteria. Immigration lawyers can help you make major decisions based on your investment capital, unique skills, and documentation.

What's the most efficient way for foreign nationals with an E-2 Visa to get US permanent resident status?

Employment-focused pathways such as EB-2 National Interest Waiver (NIW) or PERM with employer sponsorship can potentially lead to a foreign national gaining legal permanent residency within one to three years. But you must demonstrate exceptional skills in your field.