Does Obtaining An E-2 Visa Lead To A Green Card?
The E-2 Visa, although it allows foreign investors and their immediate family to reside in the United States to develop and direct a commercial enterprise, it does not lead to a Green Card directly.
In order to qualify for the E-2 status, all applicants must meet certain criteria, including making a “substantial” investment in an active commercial enterprise in the United States.
Many questions may arise when considering applying this or any U.S. Visa; however, a common concern among E-2 applicants is whether this business visa will lead to obtaining a Green Card in the near future, as is the case with the EB-5 Visa, for example.
Immigrant Visas vs. Non-Immigrant Visas
The E-2 Visa and the EB-5 Visa are commonly compared, as they are both business visas that are obtained through an investment made in a business in the United States. However, there are significant differences between these two visa categories.
There are many differences between an E-2 and an EB-5 visa. For example, E-2 Visas are non-immigrant visas that allow you to live and work in the United States temporarily, which means that when you apply for an E-2 Visa you are not applying for a Green Card.
Similarly, unlike the EB-5 Immigrant Visa, the E-2 Visa has a requirement regarding country of origin, and if you are not from one of the qualifying countries, you will not be eligible to apply for it.
Additionally, this requires a much smaller investment amount; E-2 Visas have been obtained in the past with as little as $50,000 of capital invested. When it comes to the EB-5 Visa, it specifically requires an investment of either $500,000 or $1,000,000 depending on where the business is located.
The E-2 Visa is a Non-Immigrant Visa
One of the disadvantages is the fact that it does not lead to obtaining a Green Card. In fact, when applying for an E-2 Visa, applicants are required to file a signed statement in which they affirm their intent to leave the United States once their E-2 status expires.
Therefore, if what you are after is a Green Card, what you must do is find a category for which you qualify and then apply for the Green Card directly. Some of the Green Card categories available include:
- Marriage-Based Green Card
- Family-Based Green Card
- EB-5 Visa
- Employment-Based Green Card
- EB-1 Visa
- EB-2 Visa
While none of the non-immigrant visas will “lead” to obtaining a Green Card, if you are eligible to apply for any of the above categories, you can apply while being in the United States under the E-2 status.
The E-2 Visa is not a Dual Intent Visa
Although applying for a Green Card while holding the E-2 status is an option, you should keep in mind that the E-2 Visa is not a “dual intent” visa. For this reason, you must carefully orchestrate the timing of your Green Card application, plan your renewals, and properly schedule your exits and entries to the United States if you wish to apply for a Green Card while living in the country under the E-2 status.
Immigration practitioners have been processing Green Card Visas for E-2 holders for many years. If you own a business that started upon your E-2 Visa approval and has reached a level of success that is enough to eventually grow the business into a million-dollar enterprise that has been able to create at least 10 full-time permanent jobs for U.S. workers, you could qualify to change your status from an E-2 Visa to an EB-5 Green Card.
Obtaining a Green Card is Easier with the Help of an Immigration Attorney
While the E-2 Visa does not lead to a Green Card directly, it is possible to obtain a Green Card if you are already in the United States under the E-2 status. However, no matter what visa category you want to apply for, you must always work closely with a qualified Immigration Attorney. Luckily, at Jurado & Farshchian, P.L., applying for business visas is what we do best!
To learn more about our services, call us today at (305) 921-0440 or send us an email to [email protected]. We can help you get your visa approved – let us start right away!
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