Pathways for E-2 Visa Holders to Transition to Other Visa or Immigration Statuses

By Asim Kilinc, Immigration Attorney at CK Law Firm

While the E-2 visa is an attractive option for individuals seeking to start and manage a business in the U.S., it provides only a temporary status. E-2 visa holders who wish to reside permanently in the U.S. may consider transitioning to other visa or immigration statuses. This article explores the available pathways and key considerations for E-2 visa holders:

• Transitioning to an EB-5 Investor Visa
• Employer-Sponsored Green Card Applications
• Marriage or Family-Based Green Card Applications
• Extraordinary Ability Visas: EB-1 or O-1
• Switching to Another Temporary Visa (H-1B or L-1 Visas)

If you have additional questions about the E-2 visa, feel free to leave a comment below this article, message me directly on LinkedIn, or contact me via the CK Law Firm website.

Transitioning to an EB-5 Investor Visa

One of the most common pathways for E-2 visa holders is transitioning to an EB-5 investor visa. The EB-5 visa allows individuals who meet specific investment and job creation requirements to directly obtain a Green Card.

Requirements for the EB-5 Visa:

• A minimum investment of $1,000,000 (or $800,000 in targeted employment areas).
• Creation of at least 10 full-time jobs for U.S. workers.

E-2 investors can meet these requirements by expanding their existing businesses or making new investments.

Employer-Sponsored Green Card Applications

E-2 visa holders can obtain immigrant status through employer sponsorship. These applications are typically made under the EB-2 (Advanced Degree or Exceptional Ability) or EB-3 (Skilled Worker) categories.

Requirements for EB-2 or EB-3 Categories:

• An employer must commit to hiring the applicant and complete the Labor Certification process.
• EB-2 applicants must possess an advanced degree or demonstrate exceptional abilities that qualify for a National Interest Waiver (NIW).

While E-2 visa holders cannot sponsor themselves through their own business, they can apply through another employer. CK Law Firm can assist in navigating the legal requirements of employer-sponsored Green Card applications.

Marriage or Family-Based Green Card Applications

E-2 visa holders may also obtain immigrant status through sponsorship by a U.S. citizen or Green Card-holding family member. Marriage to a U.S. citizen is one of the fastest and most direct methods.

Requirements for Family-Based Green Card Applications:

• Sponsorship by a U.S. citizen or Green Card-holding spouse, child, or parent.
• Documentation of family relationship and financial support eligibility.

Family-based applications are often faster than other methods, but it is essential to prepare accurate and complete documentation. CK Law Firm provides professional guidance in family-based Green Card applications.

Extraordinary Ability Visas: EB-1 or O-1

E-2 visa holders can apply for extraordinary ability visas, such as EB-1 or O-1, by demonstrating exceptional achievements in their field. These visas are suitable for individuals with international recognition in areas such as arts, sciences, business, or sports.

Requirements for EB-1 or O-1 Visas:

• Documentation of extraordinary achievements in the field.
• Evidence such as national or international awards, publications, or references from recognized organizations.

These visas offer a faster route to immigration status. At CK Law Firm, we help applicants successfully navigate the application process for these visa types.

Switching to Another Temporary Visa (H-1B or L-1 Visas)

E-2 visa holders may also consider transitioning to other temporary visas, such as H-1B (Specialty Occupations) or L-1 (Intra-Company Transfer) visas.

Requirements for H-1B and L-1 Visas:

• H-1B applicants must work in a specialty occupation requiring advanced knowledge.
• L-1 applicants must transfer to a U.S. branch of an international company.

Switching to temporary visas can serve as a bridge to long-term immigration status.

Conclusion

E-2 visa holders have several options to achieve their long-term goals in the U.S. Options such as the EB-5 investor visa, employer sponsorship, family-based applications, or extraordinary ability visas can lead to success with the right strategy and professional guidance.

At CK Law Firm, we specialize in identifying the best pathways for E-2 visa holders and managing the transition process. For professional support, detailed information, and consultation services, contact us via cklawfirm.org, email us at info@cklawfirm.org, or connect with us on LinkedIn.

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.