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How to apply for a green card with an E-2 Visa?

How to apply for a green card with an E-2 Visa?
2/11/2020
The E-2 investor visa presents a great opportunity for foreign nationals (of foreign countries who maintain a treaty agreement with the U. S.) to invest & legally work for a business in the U. S.

If you already have an E2 visa, and wondering how you can get it converted into a green card, there are some ways you can do it. Though the E2 visa does not automatically lead to a green card, however, there are certain ways you can be granted U.S. permanent residency. 

 

Having the E2 status, you need to adjust your status to a legal green card holder to live and work in the U.S. permanently.

 

Among the various options available to convert your E-2 visa into a green card, some of the best ways to do it are:

 

EB-5 Green Card- You can acquire a green card under the EB-5 program for which you will have to invest a significant capital of minimum investment of $900,000 in a business that creates a certain number of employment opportunities in the U.S. This also has certain implications including:

 

  • The jobs created should be directly from your venture or enterprise and not be an indirect result of your company. 

  • The positions offered by your enterprise must be considered full-time. 

  • If you are investing in a troubled business that has witnessed a net loss in the previous two years, then you only need to maintain the employee’s number equivalent to the number of employees who worked in the enterprise for the next two years.


Upon filing a petition EB-5 category (Form I-526), USCIS carefully examines any investments made under the EB-5 program to ensure compliance with the requirements & eliminate any fraud as it can be highly complex in nature. 

 

EB-1 Green Card- If you are a foreign national of extraordinary ability, an outstanding researcher or professor, or a multinational manager or executive you can apply for an EB-1 green card if you have worked for a foreign business entity at the managerial position before coming to the U.S. To qualify for this category, you must meet all the eligibility criteria and requirements for filing EB-1. 


Employment-based Green Card- Holding an E-2 nonimmigrant status, you can also be sponsored by the U.S. employer for permanent residence. However, this could be a long process as it requires your proposed employer to complete the Labor Certification process, supervised by the U.S. Department of Labor, before filing a petition for you. This PERM Labor Certification requires your employer to go through an extensive process to ensure that there are no U.S. workers available for your position. 


In case, you have an exceptional ability & hold an advanced degree or an equivalent level of experience, you can file an NIW (National Interest Waiver) to demonstrate that your services will greatly benefit the United States. Doing this will spare you from the process of PERM Labor Certification. However, not all can qualify to file an NIW, thus, make sure to check the eligibility criteria to qualify for it. You can consult an immigration attorney to seek assistance in the process. 

 

Family-based Green Card- If you already have a U.S. lawful citizen or a relative living in the United States, they can sponsor you for a permanent residence by applying a family-based petition. With the allowance of dual-intent (which implies that you can have the intent to eventually acquire a green card) the adjustment of status to green card can be possible if a relative files a petition for you, which also keeping your E-2 status intact. 

These are a few ways you can adjust your status to the green card after E-2 Visa. Remember, not all can get through the process & obtain permanent residency. This is because as the process for each one is complex and extensive which might require you to seek the help of experienced immigration lawyer to help you understand the process, file your applications/ documents and paperwork and represent you in front of USCIS to get you through the process successfully and help you obtain a green card. 

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Santamaria Law Firm is a dedicated full-service law firm based in San Francisco with over 10 years of experience.
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