How to Convert an E-2 Visa into a U.S. Green Card

A permanent resident status provides many benefits to a foreign national that an E2 visa does not. Unlike an E2 visa holder, a permanent resident has the ability to work anywhere in the United States and eventually pursue citizenship.

E-2 investors hoping to transition to a permanent resident Green Card can do so with employer or family sponsorship, the National Interest Waiver, or through investment via the EB-5 program.

If you are an E-2 investor who has more long-term plans to stay in the U.S., learn more about the Green Card application process for each pathway in this guide.

What Is an E2 Visa?

The E2 visa—often referred to as the E-2 Treaty Investor Visa—is a non-immigrant visa available to nationals of countries that hold a treaty of commerce with the United States.

E-2 treaty investors who make substantial investments in U.S. businesses can legally live and work in the nation.

Furthermore, there is no limit on the number of visa extensions an E2 investor can receive.

The E2 non immigrant visa does not, by itself, lead to lawful permanent residency, also known as a Green Card. In fact, E-2 investors must maintain an intent to leave the U.S. upon visa expiration.

The E2 visa offers a variety of benefits, but certain restrictions also apply. Some E2 investors decide to pursue an E2 visa to Green Card transition to be free of these limits.

By making the transition from an E2 visa to Green Card, foreign nationals gain privileges that are unavailable under the E2 visa.

Benefits of Using Your E2 Visa to Get a Green Card

A U.S. permanent residence Green Card allows the holder to live and work anywhere in the United States; it grants many of the same benefits as citizenship.

A Green Card can also open the door to obtaining U.S. citizenship for the holder after five years of permanent residence.

Switching from an E2 non immigrant visa to a Green Card grants a wide variety of other benefits, such as the ability to:

• Sponsor other family members for a Green Card.
• Travel more easily to and from the United States.
• Access Social Security, Medicare, and Medicaid benefits.
• Accept jobs from employers without needing sponsorship or work permits.
• Access a broader range of career opportunities.

As mentioned previously, E2 visa investors are subject to certain restrictions; for example, they are only qualified to work within their investment enterprise. E-2 investors can overcome this restriction by obtaining permanent residence.

Furthermore, Green Card holders are not required to maintain an intent to leave. The validity of a Green Card is also not tied to the condition of a business.

A Green Card is a far more permanent and beneficial way to reside in the United States.

How Do I Turn My E2 Visa into a Green Card?

There are multiple ways to make the E2 visa to Green Card transition:

• Obtaining an EB-5 visa.
• Employer or family member sponsorship.
• The National Interest Waiver.

Foreign nationals should consult an immigration attorney while navigating the Green Card process.

Invest More Capital: The EB-5 Program

A popular and reliable way for foreign nationals to receive Green Cards is via the EB-5 Immigrant Investor Program.

The EB-5 program offers foreign nationals—including E-2 investors—a direct path to obtaining a U.S. Green Card. Many investors have made the switch from the E2 visa to the EB-5 program, but to ensure the transition is successful, it is critical to understand how the rules under each program differ.

E2 Investment Requirements

One of the advantages of the E2 visa is the absence of a minimum investment amount. Still, United States Citizenship and Immigration Services (USCIS) must judge this a “substantial amount” for it to qualify.

An investment of at least $100,000 is more likely to meet this threshold.

EB-5 Program Requirements

By fulfilling EB-5 program requirements and investing more into their E2 visa businesses, E2 investors may obtain permanent residence. If they invest enough, they can qualify for an EB-5 Green Card.

E2 investors planning on using this route to obtain a Green Card must learn about the EB-5 program’s requirements for investors.

Each EB-5 investor must create at least 10 full-time positions.

Furthermore, the EB-5 program requires that an applicant invest a minimum of $800,000 of capital in the company, if it is located in a targeted employment area. E-2 investors who have not met this threshold would have to invest more capital until their total invested funds reach the minimum investment amount.

EB-5 Option 1: Get an EB-5 Visa with a Direct Investment into Your Company

Some EB-5 investors pursue a Green Card by making a direct investment into their E-2 company. To maximize the chances of success, an investor considering this route should do the following:

• Ensure the business qualifies as a new commercial enterprise (NCE).
• Invest the correct amount ($1,050,000, or $800,000 for projects in targeted employment areas)
• File Form I-526 and Form I-485 concurrently.
• Fulfill all EB-5 program requirements, such as creating at least 10 full-time jobs for U.S. workers.
• File Form I-829 to remove conditions on permanent residency.

An investor should expect this process to take several years.

EB-5 Option 2: Get an EB-5 Visa with a Regional Center Investment

Rather than investing money into one’s own company, E-2 investors also have the option of investing in an EB-5 regional center project while continuing to operate the E-2 enterprise.

Why Are Regional Center Investments Popular?

The vast majority of EB-5 investors choose the regional center method, in part because it does not require an investor to take on day-to-day management responsibilities.

A regional center project is typically structured as a limited partnership, with investors serving as limited partners. Moreover, these projects generally pool investment capital from many investors, making it much easier to fulfill the job creation requirement.

Like direct investment projects, a regional center project must create at least 10 jobs for U.S. workers. However, a regional center project can include indirect and induced jobs, which are calculated through econometric modeling, toward this total. This also improves the chances of creating the required jobs.

Key Considerations Before Making a Regional Center Investment

The process to making a regional center investment is similar to that of the direct investment pathway, but comes with a few different requirements.

A regional center investor should do careful research by looking for the following before making an investment:

• High-quality project sponsored by a USCIS-approved regional center.
• Availability of information regarding the investment process and benefits.
• Project developer’s familiarity with the EB-5 program and the field in which the applicant wishes to invest.
• Project developer’s record of success, considering the number of projects it has sponsored and the percentage of its past clients who received I-526 and I-829 approvals.
• Regional center’s rating by the Better Business Bureau.

Also, remember to file Form I-526E (instead of Form I-526) when making a regional center investment.

Employer or Family Member Sponsorship

E2 visa investors can also transition to lawful permanent residence if they are offered a job by a U.S.-based employer. The employer must prove that no native U.S. workers are capable of filling the position.

Alternatively, E2 investors can be sponsored by an immediate family member for a family-based Green Card. Spouses, siblings, parents, and children of U.S. citizens are eligible for family sponsorship.

How to Get Employer Sponsorship

Some applicants transition from an E2 visa to a Green Card by getting sponsorship from a U.S. company. This pathway involves several steps:

• Employer obtains labor certification: The U.S. employer must acquire an approved labor certification from the Department of Labor, also known as the PERM labor certification process. This process shows there are no available U.S. skilled workers for the offered position and that hiring a foreign worker for the position would have no adverse impact.
• Employer files Form I-140: After labor certification approval, you must apply for and obtain approval for an employment-based immigrant visa, distinct from the labor certification process. The U.S. employer will typically file a Form I-140 on your behalf.
• Adjustment of status or visa processing: Next, you must either adjust your status within the United States by filing Form I-485 or apply for an immigrant visa at a U.S. consulate or embassy in your home country by filing Form DS-260.

How to Get Family Member Sponsorship

An E2 investor who seeks a Green Card can also be sponsored by a close family member who is a U.S. citizen or lawful permanent resident located in the United States.

This pathway involves the following steps:

• Family member files Form I-130, Petition for Alien Relative on the investor’s behalf.
• Applicant adjusts their immigration status by filing Form I-485 and Form I-693 to obtain permanent residency.

The National Interest Waiver

Investors with extraordinary ability who are hoping to transition to a lawful permanent residence (Green Card) can also consider doing so through the EB-2 National Interest Waiver. The National Interest Waiver asks for the employer sponsorship and labor certification criteria to be waived, as the investor’s extraordinary ability would benefit the U.S. economy.

With an approved National Interest Waiver, investors can become permanent residents without employer sponsorship. As a result, there has been increased interest in the National Interest Waiver in recent years.

To qualify for a Green Card with the National Interest Waiver, an applicant must meet the following criteria:

• Demonstrate that the proposed business has substantial merit and national importance.
• Possess the applicable skills to ensure business success.
• Demonstrate why it would be beneficial to the United States to waive the EB-2 immigrant visa category and not require family or employer sponsorship. The National Interest Waiver is only granted to individuals with extraordinary ability or advanced degrees in fields such as science, the arts, and business.

How Long Does It Take to Turn My E2 Visa into a Green Card?

Using the EB-5 program to obtain a Green Card may take several years. Prospective investors should keep some requirements and timelines in mind.

Compile Relevant Documentation

Investors will need to provide exhaustive personal and financial documentation as part of the EB-5 Green Card application process. This includes but is not limited to:

• Proof the investment has been made into a qualifying EB-5 project.
• Documentation outlining the source of funds.
• Evidence that the capital was obtained legally.
• Tax statements.
• Passport scans.
• Birth certificates.
• Marriage certificates.

File Form I-526/I-526E

Applicants must submit an I-526E petition, and are typically eligible for a temporary, two-year Green Card upon approval.

The processing time for the I-526E petition can vary, with applicants from high-demand countries often waiting longer due to Green Card backlogs.

File Form I-829

Foreign nationals can then submit Form I-829 before the end of the two-year conditional permanent residence period. Approval of this form will grant each applicant a permanent residence Green Card without conditions.

Work with EB5AN on the E2 Visa to Green Card Conversion

Permanent resident status in the United States is worth the investment. Many foreign nationals who have obtained lawful permanent residency are now reaping the benefits of the United States’ thriving economy, political stability, and diverse culture.

Transitioning from an E2 visa to Green Card with the EB-5 program, which is one of the most popular options, can be a direct and low-risk process with the right help.

That’s why it’s a good idea to work with an experienced team of EB-5 professionals and a company that has a track record of success. This will reduce your risk of delays or rejection.

EB5AN has helped more than 2,300 families from 60 countries relocate to the United States as lawful permanent residents. Our expert team has more than a decade of experience, and offers clients first-rate, low-risk EB-5 regional center projects with 100% USCIS project approval rate to date.

If you would like to learn more about how to switch from an E2 visa to Green Card, book a call with our EB-5 team who can guide you through every step of the Green Card application process, from identifying the right regional center project to filing immigrant visa petitions.