Skip to main content

What E-2 Visa Holders Need to Know About Applying for a Green Card

Most visas require that an applicant coming to the U.S. on a non-immigrant visa stay here for only a specified length of time and then return to their native countries. Applicants must state that they are not planning to apply for a green card as a condition of receiving their visa.
However, if you have an E-2 visa, you are allowed to come to the U.S. as a non-immigrant and still apply for a green card - a doctrine known as dual intent. You may receive a green card based on your employment, your relationship to a family member who is a permanent resident or U.S. citizen, an adjustment of status or via the EB-5 immigrant category.
Employment-Based Immigration
E-2 non-immigrants must be sponsored by a U.S. employer for a green card. Thanks to the dual intent doctrine, you will be able to remain in the U.S. during this process. Your employer may need to complete a lengthy Labor Certification process prior to filing the petition, to ensure no U.S. residents can fill the position to their satisfaction. This process can take six months or more, so timing is an important consideration.
There are other types of employment-based immigrant visa petitions that do not require Labor Certification, including the EB-1 classification (Aliens of Extraordinary Ability or Multinational Managers or Executives) and the National Interest Waiver (NIW) for foreign nationals whose skills, knowledge and abilities are of great interest to the U.S.

Family-Based Immigration
If you are related to a U.S. citizen or permanent resident, your relative may be able to sponsor you for a green card. You will not lose your E-2 status during this application process.
Adjustment of Status
Typically, non-immigrants that have an approved immigration petition can apply for a green card directly through a process known as adjustment of status. While E-2 visa holders are generally prohibited from applying for permanent residence through adjustment of status, this can be done if the E-2 visa holder agrees to waive his or her treaty trader program rights.
However, before you waive your treaty investor rights, be sure you consult with an immigration attorney so you understand what you may be giving up, including tax benefits and other important legal rights.
EB-5 Immigrant Category
The EB-5 immigrant category applies to those E-2 investors who have significant capital to invest in the U.S. - typically $500,000 to $1 million - and provides permanent residence to those who invest this amount in a U.S. business that will employ at least 10 U.S. citizens or permanent residents on a full-time basis. The investment amount required to qualify for EB-5 status depends on the geographic location of the business.
The North Miami attorneys at Jurado & Farshchian, P.L. are experienced professionals who can assist with your business immigration or residency issues. Please contact us at (305) 921-0440, or email us at info@jflawfirm.com.
Labels:

Comments

Post a Comment

Popular posts from this blog

Hidden Truths About Catfish Business!!!

Fish farming like other business has its proms and cons.. And truthfully its a very lucrative and yet a money draining business..  I have read articles about how lucrative the business is and how to invest and reap millions.. All I do is just to laugh on reading such article.. All they want is just for u to buy their manual and make money.. Surprisingly most of them don't have a farm of their own, they are computer farmers who don't have any experience whatsoever in the business.. I know of farms within my area who have shut down their farms due to frequent loss over the years.. I was also considering shutting down myself after I lost close to 2 million naira, yeah u heard me TWO MILLION NAIRA, but after diligent study which took about a year I decided to give it my last shot.. I had to seek help from other farmers, but every farm I went to I noticed they where all also running at loss.. That was when I decided heading to songhai farms at benin repurblic.. At songh...
Post a Comment
Read more

My Noiler Farm Experience (hybrid Of Broiler + Cockerel)

I ordered for 50 noilers online from www.poultryplaza.com and received my order the third day after the order. It was due to my booking late on Wednesday 26th. Everything was smooth. Total cost for 50 noilers including transportation to Lokoja cost N4,400 and N65 for access bank gateway charge for using the atm platform. Grandtotal=N4,465.00 Though the cost of noilers rose sharply on friday to N120.00 Attached are some pictures of the poultry house. I will be summarizing the cost so far outside the housing and hope to see the performance of noilers over the next five months.
2 comments
Read more

5 Reasons You Need To Save Up Money for Your Future

At the end of every month, it's always the same question - How much did you manage to save? But then, the thought also crosses your mind... Why the need to save, when you earn to spend? If you find yourself cash strapped, there's the always the option of borrowing some money. Different people save for different reasons. We've discussed 5 reasons you need to start setting aside a few dollars each month. 1. Emergency Funding - Emergencies are unexpected and uncalled for. A family member might take ill, your roof might start leaking or your drain pipes might get clogged, your car might be involved in an accident or you might have to make an emergency trip. It's worse if you get laid. It is impossible to tide over these unexpected expenses if you don't have any savings to fall back on. So, that's one reason you need to start saving money.
Post a Comment
Read more