E2 Visa to Green Card
Many E2 Visa holders wonder about going from an E2 Visa to a Green Card. There isn’t a direct path for this, but you do have options.
From E2 Visa to Green Card
One of the methods immigrants may be curious about using to enter and remain in the U.S. legally is the pathway of E2 Visa to a Green Card. The short answer is that you are not eligible for a green card simply because you have been granted an E2 visa. But, you may be able to obtain permanent residency via other means.
The E-2 visa offers investors the possibility to become U.S. workers by investing a considerable quantity of capital in a United States business. The visa is valid for five years and can be renewed indefinitely for qualified candidates. However, although the E-2 is good for five years, you also need to be aware of the date on your I-94 arrival/departure record, which may differ from your visa dates, is only valid for two.
Going from an E-2 visa to a permanent resident can be a complicated process with many intricacies. When a substantial quantity of cash is at stake, you do not want to attempt it alone. Working with E-2VisaWorld can reduce the challenges and length of time it takes.
E2 to Green Card
If you are a treaty investor, you may be eligible for an E2 visa if you meet the following qualifications:
- Citizen of a U.S. treaty country
- Continued investment in the U.S. business
- Further business development and 50% ownership or a management position.
Approved spouses and unmarried children under the age of 21 may accompany an E-2 Visa recipient. Obtaining an E-2 Visa by purchasing a franchise is one avenue to explore if you are interested in starting a business in the US.
E2 Visa to Green Card Process
This process can be a complicated one. If you choose to request an adjustment of status for your E-2 visa to permanent residence, one common way of doing so is to pursue a PERM labor certification. You will need to find a sponsor who fits your green card’s qualifications to file your petition, obtain a PERM Labor Certification, and pay the filing fees.
After an employer agrees to sponsor the E-2 visa holder, multiple steps have to be completed with the U.S. Department of Labor (DOL). One of these steps includes the employer testing the U.S. labor market by advertising the job position offered to the visa holder to make it available to U.S. workers. The employer has to be unsuccessful in finding sufficient U.S. workers that are willing to fill that position.
The PERM labor certification process currently takes around 11 months under the DOL frames. However, after this process is completed, the employer has to begin the process with USCIS by filing proper forms to prove the foreign national is qualified for the required job position and that the employer is capable of paying the prevailing wage.
An employer can sponsor an E-2 Visa holder in the second or the third preference categories. These categories include applicants who have advanced degrees, people with exceptional abilities, as well as those who have bachelors’ degrees and people who are skilled workers.
To better understand the process, you should also review the E-2 Visa U.S.A. requirements and contact E-2VisaWorld for a free consultation.
How Can I Change My E2 Visa to a Green Card?
You may want to know, “How can I change my E2 Visa to a Green Card?” An E2 visa does not equal lawful permanent residence. If you want to become a permanent resident, transitioning from an E2 Visa requires one of the following:
- Family Sponsorship
- EB-1 Green Card
- U.S. Employer Sponsorship
- EB-5 Investor Program
When it comes to family sponsorship, certain foreign nationals who are spouses, parents, or minor children of U.S. citizens who have lawful permanent residency, can apply to become permanent residents themselves. You may also be able to get green cards for other close family members. But this process can turn out to be quite long.
To get an adjustment of status, you may need an EB-2 National Interest Waiver. E-2VisaWorld can help an immigrant visa holder navigate the difficult route to permanent residence.
As of 2016, the threshold for eligibility has been substantially lowered, making it easier for foreign nationals to qualify for this option. Under the National Interest Waiver, the applicant can request that the PERM labor certifications and employer sponsorship be waived.
However, an applicant has to prove that their proposed endeavor or the field they plan to work in has merit and national importance, that it would be beneficial to the United States, and that the applicant is well-positioned to advance the proposed endeavor. If he or she are advanced degree professionals or persons with exceptional abilities, and able to fulfill the required conditions, then they would be eligible for a National Interest waiver.
In determining whether the applicants are eligible, the US Immigration Service will look at their education, skills, a record of success, as well as the plan for future activities and interests of potential customers or users. A successful E-2 Visa entrepreneur may be a good candidate for a National Interest Waiver residency application.
E2 Employee Visa to Green Card
Many people choose the route of E2 Employee Visa to a Green Card, which requires U.S. Employer Sponsorship. If you find a company willing to submit the proper documents with the Department of Labor, you might be eligible for employment-based immigration.
E2 Investor Visa to Green Card
Another method for transitioning from an E2 Investor Visa is the EB-5 program. Although, an E2 Visa may be a better option for some.
To get a permit under the EB-5 program, make a minimum investment of $1.8 million (or $900,000 in an at-risk area) in a business that produces more than ten full-time positions for U.S. workers. EB-5 visas are passive investments into a regional center that manages that investment. After two years, an investor and his or her family could become permanent residents providing all the requirements are met.
On the other hand, for an E-2 visa, the investment doesn’t have to be that substantial. It only has to be sufficient enough to make your business successful. In addition, an investment has to be made in a business that engages in active trade and creates jobs for others than the investor.
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If you need personalized and professional assistance applying for an E-2 Investor Visa or an E-1 Trader Visa for the United States, reach out to our team of legal experts using this form and we’ll get back to you promptly.