E-2 Visa to Green Card: Pathways to Permanent Residency

By Asim Kilinc, Immigration Attorney at CK Law Firm

The E-2 visa is an attractive option for individuals looking to invest and establish a business in the U.S. However, it does not directly provide a pathway to a Green Card. Nevertheless, E-2 visa holders can pursue specific strategies to obtain permanent residency. This article outlines the main routes from an E-2 visa to a Green Card in detail:

• Why the E-2 Visa Does Not Directly Lead to a Green Card
• Transitioning to a Green Card via the EB-5 Investor Visa
• Employer-Sponsored Green Cards (EB-1 or EB-2 Categories)
• Family-Based Green Card Applications

If you have additional questions, feel free to leave a comment below this article, message me directly on LinkedIn, or reach out via the CK Law Firm website!

Why the E-2 Visa Does Not Directly Lead to a Green Card

The E-2 visa is a temporary, non-immigrant visa available only to citizens of certain treaty countries. While it allows the holder to establish a business in the U.S., it does not provide permanent residency. E-2 visa holders can renew their status and expand their business, but the visa itself does not automatically transition to a Green Card.

Despite this limitation, E-2 visa holders may qualify for a Green Card by pursuing other immigrant visa categories. For instance, increasing their investment to meet EB-5 requirements or applying for an employer-sponsored Green Card under the EB-1 or EB-2 categories are effective strategies.

Transitioning to a Green Card via the EB-5 Investor Visa

The EB-5 visa is the most direct route for investors to obtain a Green Card. E-2 visa holders can expand their businesses or make new investments to meet EB-5 criteria. Generally, the EB-5 program requires a minimum investment of $1,000,000 (or $800,000 in targeted employment areas) and the creation of at least 10 jobs for U.S. workers.

Advantages of Transitioning from E-2 to EB-5:

• Already having an established business in the U.S. may streamline the EB-5 process.
• Expanding your E-2 business model can help meet EB-5 requirements.
• Achieving the required investment threshold can lead to permanent residency.

Employer-Sponsored Green Cards (EB-1 or EB-2 Categories)

E-2 visa holders may apply for a Green Card through employer sponsorship. The EB-1 (Extraordinary Ability) and EB-2 (Advanced Degree or National Interest Waiver) categories are common choices for employer-sponsored applications.

Eligibility Requirements for EB-1 and EB-2 Categories:

• EB-1: Demonstrated extraordinary abilities or international recognition in your field.
• EB-2: Possess an advanced degree or have exceptional abilities contributing significantly to the U.S. economy.

E-2 visa holders cannot self-sponsor within their own business but can apply through another employer or via the National Interest Waiver (NIW) pathway.

Family-Based Green Card Applications

E-2 visa holders can also apply for a Green Card through family sponsorship. Marriage, children, or parents who are U.S. citizens or Green Card holders can expedite this process.

Examples of Family-Based Applications:

• Marriage to a U.S. citizen or Green Card holder.
• Sponsorship by a U.S. citizen child or parent.

Conclusion

While obtaining a Green Card as an E-2 visa holder requires careful planning, it is achievable through options like the EB-5 Investor Visa, employer sponsorship, or family-based applications. At CK Law Firm, we are here to guide you through every step of this journey. Contact us at cklawfirm.org, email us at info@cklawfirm.org, or message us on LinkedIn for professional assistance and detailed advice.

Who is Attorney Asım Kılınç?

Attorney Asım Kılınç is the co-founder of CK Law Firm and is recognized for his expertise in immigration law and U.S. asylum applications. Kılınç completed his Master’s degree at Southern Methodist University Dedman School of Law and is a member of the Missouri Bar Association, with a focus on U.S. immigration law.

Attorney Kılınç’s extensive knowledge and experience in immigration law have significantly contributed to CK Law Firm’s success in this field. He has actively participated in the preparation of over 1,000 cases, demonstrating his expertise in this area. By providing comprehensive and professional legal support to his clients, he helps them adapt to their new lives in the U.S.

Attorney Kılınç is also well-versed in U.S. asylum applications. He meticulously guides his clients through the process and ensures they receive the best legal advice. He provides top-quality service to clients in matters of citizenship, Green Card, work permits, and other immigration processes, supporting them from start to finish on their journey to U.S. citizenship.

Attorney Asım Kılınç, who solidifies CK Law Firm’s leadership in immigration law and U.S. asylum applications, offers reliable and effective legal consultancy services to clients, assisting them in building a new life in the U.S.