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Going from an E2 treaty investor visa to Green Card

2020-03-16 18:05:43
Going from an E2 treaty investor visa to Green Card
As an investor on an E2 visa, you are practically living in the US on borrowed time. Eventually, once your business has been concluded, you’ll be required by law to leave the US. You can renew your visa which will allow you to extend your stay in the US by renewing your investment commitment to the US economy or seek other ways which will grant you permanent residency in the US. Here are your options

The E2 visa is a non-immigrant visa category. This means that the E2 visa is temporary and does not directly lead to a green card. So, to get a green card you will have to apply for an immigrant visa or adjust status to immigrant status.

 

Remember that your E2 visa requires you to have the intent to depart the United States once your E2 status is terminated.

 

Still, you cannot be denied E2 status just because you get approved for an immigrant visa petition.

 

This means that you can apply for an immigrant visa or adjust status in the US while you have an E-2 visa.

 

Green Card Options

As the E2 visa is a non-immigrant visa that does not lead to permanent residency, there are a couple of different green card options you can take that will allow you to obtain permanent residency in the US.

 

You can either apply for an immigrant visa or adjust your status in the US while holding onto an E2 visa. There are six immigration routes you can opt for when applying for an immigration visa. They include

 

1. EB-5 Visa

The EB-5 visa is an investment based immigrant visa. This means that it leads to a green card.

 

The EB-5 visa requires that you invest a minimum of $1 million in a US business. Or, you can invest $500,000 if the investment is located in a targeted employment area. Your investment must also lead to the creation of 10 full-time jobs for US workers.

 

The benefit of transferring from an E2 visa to an EB-5 visa is that in some cases, your investment to get the E2 visa will count for your EB-5 visa.

 

Also, if you’ve created jobs for your E2 business, these jobs may also count for your EB-5 visa.

 

If you already invested a lot of capital in the E2 business, and created enough jobs, you may be able to get an EB-5 visa with little effort.

 

2. Family-Based

Your close family members that are US citizens or lawful permanent residents may be able to sponsor you for a green card.

 

3. Spousal

You may qualify for a green card if you enter into a legitimate marriage with a US citizen.

 

4. Employment-Based

You may qualify for a green card if a US company offers you a job and sponsors your green card.

 

The US employer would have to get a Labour Certification through the US Department of Labour.

 

5. EB-1 A

The EB-1 A visa is for people with “extraordinary ability.” The benefit of this visa is that you can self-petition. This means that you can apply for your green card without a company sponsoring you.

 

6. EB-2 National Interest Waiver

The EB-2 visa is for people with “exceptional ability" or “advanced degree professionals.” The unique aspect of an EB-2 visa is that, along with an EB-2 visa, you can apply for a “National Interest Waiver.”

 

With a National Interest Waiver, you can apply for an EB-2 visa without a US company sponsor. To get a National Interest Waiver, you must show that it is in the national interest of the United States, to allow you entry without a US company sponsor.

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