How to Transition from the E-2 Visa to Permanent Residency

The E-2 visa is a non-immigrant visa, which means that those who apply for it won’t have the easiest path toward securing a green card. However, that doesn’t mean that individuals with an E-2 visa can’t extend their stay in the United States; nor does it mean they don’t have other methods to acquiring a green card. We’ll examine your options as a visa holder here, and explain how you can transition from the E-2 visa to permanent residency.

For someone to successfully apply for an E-2 visa, they must meet several requirements. First, they have to come from a country that has a treaty with the U.S. that allows for E-2 visas. While that list is long, it’s not comprehensive. Second, E-2 visa applicants must invest a “substantial amount.” And while that number varies on a case-by-case basis, expect it to be in the ballpark of $100,000. Lastly, the investment must be profitable, and the owner of the company they invest in must also come from a country that has an E-2 treaty with the U.S. While the E-2 visa only lasts for two years, there’s no limit on the number of times you can apply for renewal. So keep that in mind as we dissect some other options to shift from an E-2 visa to permanent residency.

Sponsorship

E-2 visas don’t typically provide a smooth transition to residency. However, if you can get someone else to sponsor you for a green card, you won’t have to forfeit your E-2 status in the meantime. A few common sponsors include: family members currently living in the U.S., a spouse in the U.S., or an employer. Note that if you choose to try and secure a green card through employer sponsorship, your boss will need to fill out a number of legal documents, and the U.S. Department of Labor will monitor the process.

“Self-Sponsorship”

In addition to reaching out to an employer or family member, you can also elect to “sponsor yourself,” and apply for either an EB-1 or EB-2 visa. EB-1 visas relate to professors with exceptional ability, and similarly, EB-2 visas refer to workers with advanced degrees, and again, exceptional ability.

Switching Over to EB-5

EB-5 investment visas are similar to E-2 visas, with several important distinctions. One important difference is that EB-5 visas do allow a clear transition toward permanent residency. This is one of the main reasons why an EB-5 visa is an attractive option for E-2 visa holders who wish to extend their stay in the U.S. However, it’s important to note that EB-5 visas do require significantly more investment –– usually around one million dollars. So only consider this route if you’ve got the extra capital to pull it off.

Talk to a Professional

Making the switch form an E-2 visa to permanent residency is a tricky endeavor. In addition to worrying about stipulations like dual intent and selecting the best way forward, going it alone could put you under massive strain. Don’t undertake this task on your own; instead, reach out to the Pollak Legal team today. You can schedule a free consultation here and get started making your dream a reality!

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Karen-Lee Pollak is the Managing Attorney at Pollak PLLC located in Dallas, Texas. She is a frequent speaker, author and blogger on immigration issues. She can be reached at karenlp@pollakimmigration or under her twitter handle law_immigration.