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.