The E-2 visa is a non-immigrant visa, meaning it does not directly lead to permanent residency (green card) in the United States. However, individuals in the U.S. on an E-2 visa may explore other avenues to obtain permanent residency if they wish to do so.
Here are a few potential paths:
The EB-5 Immigrant Investor Program allows foreign nationals to obtain a green card by making a substantial investment in a new commercial enterprise in the U.S. The investment amount is typically higher than that required for an E-2 visa, and the investment must lead to the creation of a certain number of jobs. Transitioning from an E-2 visa to EB-5 can be complex, and it’s advisable to consult with an immigration attorney.
If you have immediate family members who are U.S. citizens or green card holders, they may be able to sponsor you for a family-based green card. This process is separate from the E-2 visa and has its own eligibility criteria.
Explore other employment-based green card categories that may be suitable for your qualifications and situation. For example, the employment-based preference categories (EB-1, EB-2, EB-3) may be options, depending on your qualifications and the nature of your work.
Individuals with exceptional abilities in their field or those whose work is deemed to be in the national interest may be eligible for a National Interest Waiver (NIW) as part of the employment-based green card process.
Instead of directly managing and creating a business, individuals may choose to invest in a Regional Center under the EB-5 program. This allows investors to meet the job creation requirement through indirect job creation, and it may be an option for E-2 visa holders looking for a path to permanent residency.
If you are eligible for a green card based on another category, you may apply for adjustment of status from within the U.S. while on an E-2 visa, provided you meet the necessary criteria.
Consult with an E2 immigration attorney.
It’s important to note that each green card category has its own requirements and processes, and eligibility depends on various factors, including your qualifications, work history, and family relationships. The transition from an E-2 visa to a green card can be complex, and legal advice from an immigration attorney is highly recommended to navigate the process successfully. Remember E2 visa has its own requirements, c heck out what is an e2 visa?