Obtaining an E-2 Visa is the first step many entrepreneurs take when they decide to invest in the United States. However, what happens next? Can you transition from an E-2 Visa to a green card and stay in the U.S. permanently?
In this post, we will answer that question.
Hold on to Your Passport (For Now)
The short answer is no, the E-2 Visa itself does not directly translate into permanent residency. Why? Because E-2 visas are classified as non-immigrant visas. This means you must initially demonstrate that you have no intention of immigrating to the U.S. This is because the purpose of the E-2 Visa is to foster international trade and investment. Uncle Sam wants you to come, invest your money, and create jobs, but then eventually return home.
There is Still Hope
There are alternative routes you can explore to achieve permanent residency after establishing yourself with an E-2 Visa:
- The EB-5 Visa:
The EB-5 Visa is specifically designed for foreign investors with deep pockets. If you are willing to make a significant investment in a U.S. commercial enterprise that creates a certain number of jobs, the EB-5 offers a more direct path to a permanent residency. However, the investment threshold is much steeper compared to the E-2 Visa.
The EB-5 Visa allows investors and their immediate families (spouse and unmarried children under 21) to gain permanent residency through a significant investment in a U.S. business. This requires at least $1.8 million in most areas, but drops to $900,000 in designated “target employment areas” with high unemployment.
There are three ways to structure an EB-5 investment as an E-2 visa holder:
- Increasing investment in your existing E-2 business,
- Investing in a new business, or
- Investing in a different existing business.
- Employer Sponsorship:
Working in the U.S. can lead to green card opportunities through employer sponsorship. While this process can take years, you can likely continue working in your business while the application progresses.
If you hold a relevant degree or professional qualification, you could consider transitioning your E-2 visa to an H-1B visa while your green card application is processed.
- Family Sponsorship
Family members who are U.S. citizens and over 21 can sponsor your green card application. Processing times vary depending on your relationship. A U.S. citizen child could expedite the process to 12 months, while a sibling sponsorship could take up to 10 years. Nationality also plays a role; applications from high-demand countries may experience longer waits.
Getting a Green Card after Obtaining an E-2 Visa: A Strategic Journey
The U.S. immigration system can be a labyrinth, especially when dealing with transitioning from a non-immigrant visa to permanent residency. Navigating a maze of regulations and paperwork while juggling the demands of running a business can be indescribably overwhelming. That is where Jurado & Associates, P.A. comes in.
We have extensive experience guiding E-2 Visa holders through the intricacies of obtaining a green card. Our team of passionate immigration attorneys will meticulously analyze your individual circumstances and recommend the most suitable path for your unique situation.
We understand the complexities of running a business while navigating the legalities of immigration. With our expertise and unwavering dedication, we will ensure a smooth transition, allowing you to focus on what matters most – making your entrepreneurial dreams a reality in the U.S.
Don’t let the legalities hold you back from achieving your American dream. Contact Jurado & Associates, P.A. today!
Call us at (305) 921-0976, send an email to [email protected], or reach out via WhatsApp at +1 (305) 921-0976.