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 (or Green Card), it is possible to convert the E-2 Visa to a Green Card, 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
• Financial Requirements for E2 Visa to a Green Card
• E2 Visa to Green Card: Step-by-Step
• E2 Visa to Green Card: Application Process

What is the E2 Visa?

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

E-2 Visa holders need a substantial investment in a U.S business and remain in the country to manage it. Foreign nationals can choose to build a business from scratch or buy an existing one to be eligible for the visa. To qualify, E-2 applicants must be from a country with an active Treaty of Commerce and Navigation.

Over 80 treaty countries, including Costa Rica, Mexico, Norway, and the United Kingdom, hold a Treaty of Commerce with the United States. 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 and enjoy long-term residency.

Five Ways to Convert E2 Visa to Green Card

Treaty investors can choose one of five options to get a Green Card after an E-2 Visa: the EB-5 Investment Visa, a company-sponsored Green Card, the EB-1A visa for extraordinary ability, the National Interest Waiver (NIW), or a marriage-based Green Card. Each option offers a unique alternative for permanent residency with its own eligibility criteria and application process.

1. Increase the investment with an EB-5 Visa

The E-2 Visa requires a substantial investment, and in most cases, people invest at least $100,000 to $200,000. If you transition to a Green Card as an E-2 Visa holder, you can increase that investment to meet the financial requirements for an EB-5 Visa.

The EB-5 is an Immigrant Investor Visa that allows you to live and work in the United States permanently by providing access to permanent residency or a Green Card. Investors on an EB-5 Visa can sponsor direct family members (unmarried children and partners) to come along with them.

To convert the E-2 status to an EB-5 Visa, you add additional capital to your E-2 business. The EB-5 Visa requires all applicants to invest a minimum of $1,050,000 or a reduced minimum investment of $800,000 if in a Targeted Employment Area (TEA) and create at least 10 full-time jobs for US workers.

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 TEAs).

Note: Funds from your E-2 business can count toward your EB-5 investment if reinvested and truly “at risk.” Immigration lawyers can guide you through the entire application process and collect all the documents.

2. Get a company-sponsored Green Card

Another way to convert your E-2 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. E-2 visa holders (investors and employees) are specifically committed to the treaty enterprise; their spouse gains 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. Apply for an EB1A Visa if you have an ‘Extraordinary Ability’

You can convert the E-2 Visa to a Green Card if you get an EB-1A Visa. The EB-1A 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 with broader employment opportunities.

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. Choose the 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. Receive a marriage-based Green Card

You can convert an E-2 Visa to Green Card through marriage. Once you’re married, you can apply to “adjust your status” right here in the US to become a permanent resident. It’s important to understand that the E-2 Visa itself doesn’t offer a direct route to a Green Card, so exploring different pathways, like marriage, can be a viable alternative.

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. This is one of the most popular options for family unity for applicants around the world.

Financial Requirements for E2 Visa to a Green Card

To receive a Green Card as an E-2 Visa holder, you must qualify for a separate immigrant visa category, each with different financial requirements. There is no direct “E-2 to Green Card” financial requirement.

Rather, E-2 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 significant enough to support their investment enterprise, which starts at $100,000 and up.

• The EB-5 Visa: You’ll need to invest at least $800,000 in Targeted Employment Areas or $1,050,000 for metropolitan regions and create 10 full-time jobs.
• Employment-Based Green Cards (like EB-1, EB-2, EB-3): For these, it’s mostly about your employer. They’ll need to prove they can afford to pay you the going rate for your job. Now, if you’re a standout individual doing a “self-petition” (like for an EB-1A for extraordinary ability or an EB-2 National Interest Waiver), the focus shifts to your achievements. But if your NIW case involves starting a business, you might still need to show you have the capital or contracts to back it up.
• Family-Based Green Cards: This path needs a Green Card holder or a US citizen to sponsor you. They’ll have to sign an Affidavit of Support (Form I-864), promising to support you financially. This means their income needs to be at least 125 percent of the federal poverty level for their household size, or they must have enough assets to cover the difference.

Consultants and immigration lawyers at Global Citizen Solutions can simplify the visa application process, help you choose the correct pathway, and collect the necessary documents, so you can quickly integrate into the American community.

E2 Visa to Green Card: Step-by-Step

E2 Visa to Green Card: Application 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 temporary, non-immigrant 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.

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 transition to a Green Card with an E-2 Visa?

Yes, you can, but not directly. As an E-2 Visa holder, you must apply for permanent residency in the United States through other options for immigration, such as employment-based Green Cards (EB-2 or EB-3), family sponsorship, company-sponsored visas, and EB-5 Investor Visa.

Can you go from E2 to EB-5?

Yes, the EB-5 Visa is one of the ways for an E-2 Visa holder to obtain a Green Card. The EB-5 is a fifth preference, employment-based visa that the applicant can use to sponsor a spouse and unmarried children under 21 to receive a Green Card. Even if it comes at a significantly higher price, the EB-5 Visa is a path to a Green Card for foreign investors making substantial investments in a qualifying commercial enterprise in the US.

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

Different pathways affect the processing time for a Green Card for E-2 Visa holders. Since the E-2 Visa itself doesn’t make you a permanent resident, other immigration routes you choose will affect the time it takes for you to receive a Green Card. For example, Employment-Based Green Cards often take years to process, while immediate relative family sponsorship can take 10 to 14 months for I-130 petitions.

What is the E2 Visa to Green Card processing time?

The E2 Visa to Green Card processing time varies based on the pathway you choose:

• EB-5 Investment route: about three to five years or more
• Employer-sponsored path (EB-2 or EB-3): around two to five years or over
• National Interest Waiver (EB‑2 NIW) or EB‑1A (extraordinary ability): about one to three years or over
• Green Card through marriage: two to four years or more

Can E2 Visa holder travel outside US?

Yes. E-2 Visa holders can travel outside the US and re-enter as long as their visa stamp is valid. However, re-entry is not guaranteed—border officers may check whether you still meet the E-2 requirements. So, you may want to carry proof of ongoing investment and business activity when you return.

What is the E-2 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.

Can you convert the E-2 Visa to Green Card through marriage?

Yes, an E-2 Visa holder can receive a Green Card by marrying a US citizen. You don’t directly convert the E-2 Visa, but rather adjust your status based on your new marital relationship. The E-2 Visa doesn’t make you a permanent resident, but marrying a US citizen can help you qualify for a Green Card.

Can an EB2 Visa lead to a Green Card?

The EB-2 Visa helps people with exceptional ability or advanced degrees become permanent residents and receive Green Cards. If you’ve already been an EB-2 applicant, then you can adjust your status with Form I-485, without leaving the country. The US Citizenship and Immigration Services (USCIS) will process your application.

What are the disadvantages of E-2 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 E-2 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?

The most efficient way E-2 Visa holders can apply for a Green Card and get legal permanent residency depends on their qualifications. Most foreign nationals choose to marry a US citizen, transition to an EB-5 Investor Visa, or apply for PERM with employer sponsorship or EB-2 National Interest Waiver (NIW).