How to Convert an E2 Visa to a Green Card

Table of Contents

Introduction

If you have an E2 Visa and have been living in the United States for years, you may be interested in obtaining a green card. In this blog, we will explore five different ways to convert your E2 Visa to a green card. Whether you are looking to invest, work with an employer, or showcase your extraordinary abilities, there are options available to you. Read on to learn more!

Option 1: EB-5 Category

The EB-5 category offers a green card based on investment. There are two ways to obtain an EB-5 green card. The first option is to invest directly in your own business, which can be in any area. The required investment amount for this option is currently $1.8 million. However, if you have already invested in your E2 Visa business, a portion of that investment can be counted towards the required amount for the EB-5 green card. The second option is to invest $900,000 into a targeted employment area or a government-approved regional center. By investing in a regional center, you can become an inactive partner in a project and eventually receive your green card and investment back after five to six years. This option is particularly beneficial for individuals who are currently renewing their E2 Visa and want to simultaneously invest in a regional center.

Option 2: Employer-Based Sponsorship

If you are married and your spouse has a work permit, your spouse's employer can petition to sponsor you for a green card. This is a common scenario for E2 Visa holders, as the spouse's employment can support the entire family's transition to permanent residency. Additionally, if you are not married but have a successful E2 Visa business and provide services to clients, it is possible for a client or another company to sponsor you for a green card. This sponsorship can lead to a green card and a shift in your business focus from your E2 Visa company to the sponsoring employer.

Option 3: Self-Petition under EB-1 Category

The EB-1 category is reserved for individuals with extraordinary abilities and notable achievements in their field. Many E2 Visa investors have impressive careers prior to coming to the United States. By leveraging their prior achievements, such as high salaries, publications, and media recognition, they can file a self-petition under the EB-1A program. This program is designed for the best of the best and allows individuals to convert their E2 Visa to a green card based on their exceptional abilities.

Option 4: Self-Petition under EB-2 National Interest Waiver

The EB-2 National Interest Waiver is similar to the EB-1A category but focuses on the impact an individual is making in the United States as a whole. To qualify for this option, individuals must possess advanced degrees or significant experience in their field. They must also be involved in unique and impactful work. For example, an E2 Visa holder who invented a process to create gluten-free bread and distributed it to help people with celiac disease could potentially qualify for this category. By highlighting their accomplishments and the positive impact they have made, individuals can apply for a self-petition under the EB-2 National Interest Waiver program.

Option 5: Marriage to a U.S. Citizen

One of the most straightforward ways to obtain a green card is by marrying a U.S. citizen. If you are currently on an E2 Visa and are dating or married to a U.S. citizen, you can transition from the E2 Visa to a green card through marriage. The process typically takes around a year, during which time you must maintain your E2 Visa status. Marrying a U.S. citizen offers a quick and direct path to permanent residency.

Frequently Asked Questions

1. Can I still apply for the EB-5 category if I have already invested in my E2 Visa business?

Yes, you can count a portion of your E2 Visa investment towards the required investment amount for the EB-5 category. This means that if you have invested $200,000 in your E2 Visa business, you would only need to invest an additional $1.6 million in your EB-5 business.

2. Is it possible for a client or another company to sponsor me for a green card if I have an E2 Visa business?

Yes, it is possible for a client or another company to sponsor you for a green card, even if you have your own E2 Visa business. This sponsorship can lead to a green card and a shift in your business focus from your E2 Visa company to the sponsoring employer.

3. How can I prove my extraordinary abilities for the EB-1 category?

To prove your extraordinary abilities for the EB-1 category, you can showcase your high salary, publications, media recognition, and any other notable achievements. It is important to demonstrate that you have risen to the top of your field and have made significant contributions.

4. What is the main difference between the EB-1A self-petition and the EB-2 National Interest Waiver self-petition?

The main difference between the EB-1A self-petition and the EB-2 National Interest Waiver self-petition is the focus of the application. The EB-1A category emphasizes the individual's prior achievements and their impact on their field, while the EB-2 National Interest Waiver category focuses on the individual's impact on the United States as a whole.

5. How long does it take to transition from an E2 Visa to a green card through marriage?

The process of transitioning from an E2 Visa to a green card through marriage typically takes about a year. During this time, it is important to maintain your E2 Visa status until your application is approved.

Conclusion

Converting an E2 Visa to a green card is an exciting prospect for those looking to establish permanent residency in the United States. Whether you choose to invest, work with an employer, or showcase your exceptional abilities, there are multiple pathways available to you. Consider the options outlined in this blog and determine which one aligns with your goals and circumstances. If you need further assistance, feel free to reach out for help. Good luck on your journey to obtaining a green card!

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