The E2 Visa enables investors, entrepreneurs and skilled workers to live and work in the United States, provided that they make a qualifying direct investment in the country first. 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’ll break down the immigration process of securing your E2 and eventually Green Card, through five easy pathways.
What is the E2 Visa?
An E2 Visa enables foreign investors to place capital (funds and/or assets) in the US. 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. Note that only investors from a treaty country (meaning the treaty country holds a Treaty of Trade and Commerce with the US) can apply.
For more information, consult our E2 Visa USA Ultimate Guide.
E2 Visa Benefits
- Foreign nationals can legally work in the US
- Travel in and out of the country freely for business or personal reasons
- Stay for unlimited two-year periods
- Include immediate family in the application (spouse and unmarried children under 21)
Financial Requirements for E2 Visa to a Green Card
The E2 Visa doesn’t have a defined investment threshold. Rather, you must show you’ve injected a substantial amount of capital in a business and that the respective investment carries a certain degree of risk. Generally speaking, an investment starting anywhere from $100,000 and up is considered a safe bet. The investment amount must be enough to ensure the successful operation of the enterprise you establish or run.
If you are then looking to transition from an E2 Visa to a visa that offers permanent residency, you will need to factor in various costs. The EB5 Visa, for example, requires an investment of at least $800,000 if you invest in a Targeted Employment Area or $1,050,000 million if you invest outside of one. Additionally, this visa, like the options available to you, requires various application costs. You should also factor in the costs of working with immigration attorneys.
E2 Visa to Green Card Process
For a foreign national 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:
- Apply for a visa at a US consulate abroad
- Adjust your status to an immigrant status within the United States.
Securing an Immigrant Visa at a US Consulate (Consular Processing)
If you are not in the US legally, you will likely need to apply for an E2 visa at a United States consulate within your home country. This process is known as “consular processing” or “visa processing.”
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. The entire process is completed in the USA. Note that as long as you have lawful status, you don’t need to leave the country.
For the purposes of this article, we will focus on how to convert your E2 visa to an immigrant one.
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
Converting your E2 Visa to a Green card involves securing an immigrant visa. Options include the EB-5 investment visa, employer sponsorship, the EB1A for extraordinary ability, a National Interest Waiver, or a marriage-based green card. An E2 Visa lawyer can streamline the process and collect the necessary documents. In this section, we’ll explore the five options available to foreign nationals for getting an immigrant visa and obtaining permanent residence status:
- EB5 Visa
- A company-sponsored Green Card
- EB1A Visa
- National Interest Waiver
- 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 attaining permanent residence possible, provided they invest in a US business first (minimum of $1,050,000 or a reduced minimum investment of $800,000 if in a targeted employment area). With an EB5, you can acquire a Green Card, along with your direct family members. Curious to learn more? Check out our EB5 Visa USA Permanent Resident Guide.
One of the main benefits of moving from an E2 Visa to EB5 Visa is that any additional capital in your E2 business could potentially count toward your EB5 minimum investment amount. So let’s say you’ve invested $100,000 in your E2 business. This could count toward your EB5 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 is in one of the targeted employment areas).
Important note: For your investment earnings to count toward your EB5 investment, you have to redirect the money out of the business and re-invest it in the E2. While many immigration lawyers see this as a pain, it’s necessary for immigration purposes.
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. Whether you or your spouse receives the job offer is the same thing.
A key benefit of the E2 is that it allows your spouse to work. Since the main applicant can only be committed to their own investment company, the spouse acquires work authorization, enabling the spouse to effectively get a sponsored green card.
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 provides meets the salary requirements of the US immigration service.
The next step is for you to get approved for either an EB2 Visa (the second preference employment-based category) or an EB3 Visa (the third preference category for employment-based visas), and have your visa status adjusted accordingly.
This is a three-step process:
- Company obtains labor certification
- You apply for the employment-based visa
- Adjustment of status or visa processing
3. EB1A Visa if you have an ‘Extraordinary Ability’
The EB1A visa is an immigrant visa for people holding extraordinary abilities in either the arts, sciences, athletics, education or business space. It is a legitimate pathway to acquiring permanent residence 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 EB1A visa is that it does not require an employer to sponsor you. You can file an EB1A 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 E2 Visa is if you manage to acquire a national interest waiver. As a subcategory of the E2 Visa, a 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 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 endeavour
- 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
A marriage-based Green Card is pretty self-explanatory. You can acquire a Green Card via a bona-fide legitimate marriage to a US citizen or someone with lawful permanent resident status.
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.
