The E-2 visa offers a non-immigrant status to foreign nationals, but for those with aspirations of obtaining permanent residency in the United States, a pressing question arises: Can an E-2 visa lead to a green card? In this article, we unravel the possibilities and provide insights into how an E-2 visa can serve as a pathway to permanent residency in the United States.
Understanding the E-2 Visa
According to the U.S. Citizenship and Immigration Services (USCIS), the E-2 nonimmigrant classification allows foreign nationals from treaty countries to enter the United States by making a substantial capital investment in a U.S. enterprise. The term “treaty country” refers to a nation with which the United States maintains a treaty of commerce and navigation or has qualifying international agreements.
E-2 visas are not limited to entrepreneurs and investors; certain employees of E-2 businesses may also qualify. However, these visa holders are typically confined to working for the initial E-2 company, with exceptions for working at parent companies or subsidiaries under specific conditions.
Transitioning from E-2 Status to Permanent Residency
While the E-2 category does not directly lead to a U.S. green card, foreign nationals under E-2 status can explore legal avenues to secure permanent residency if they adhere to their visa status. Here are a few potential pathways to transition from E-2 status to permanent residency:
1. Transitioning to EB-2 Status Through PERM:
- E-2 visa holders can transition to EB-2 status through a U.S.-based employer.
- Employer sponsorship is a common route for E-2 visa holders seeking permanent residency.
- This path involves the PERM (Permanent Labor Certification) process, which takes 8 to 11 months to complete.
- After PERM certification, the applicant files Form I-140 (Immigrant Petition) with the USCIS.
- The entire process, including PERM certification and USCIS I-140 processing, typically takes 18 to 24 months.
2. Transitioning to EB-2 NIW Status:
- Highly skilled individuals with E-2 status may consider the EB-2 National Interest Waiver (NIW) as an option.
- The standard eligibility criteria for EB-2 NIW status have become more accessible due to changes in U.S. Supreme Court decisions.
- NIW status does not require employer sponsorship or a PERM process.
- NIW applicants can self-petition directly with the USCIS and request a waiver of the Labor Certification requirement.
3. Transitioning to a Green Card via Family Preference:
- Family-based green cards offer an alternative pathway to permanent residency.
- These green cards are sponsored by a family member and are available in various preference categories based on family relationships.
4. Seeking Legal Expertise:
- Navigating the complex journey from E-2 status to a green card requires legal expertise.
- Consult with experienced immigration lawyers who can provide guidance and support throughout the process.
While the E-2 visa is a non-immigrant category, it can serve as a steppingstone toward permanent residency in the United States through various avenues. Each option comes with its unique considerations and benefits, making it essential to seek professional advice and choose the path that best aligns with your goals. To explore these pathways and receive expert guidance, contact Jurado & Associates, P.A. at (305) 921-0976, email us at [email protected], or WhatsApp atĀ +1 (305) 921-0976 to schedule a consultation.
