If you are currently in the U.S. on an E-2 Visa and are looking to transition to a green card, there are several pathways you can consider. Each option has specific requirements and benefits, so understanding these pathways is crucial for a successful transition. Here are some common ways to move to a green card. You should also look at our YouTube channel to see videos on moving from a visa to a green card.
Pathway 1: National Interest Waiver (NIW)
The National Interest Waiver (NIW) is a popular option for E-2 visa holders, particularly entrepreneurs. This pathway allows you to apply for a green card if you can demonstrate that your business or work significantly benefits the United States. Key points to consider:
- Eligibility: You must show that your work has substantial merit and national importance.
- Self-Petition: Unlike other employment-based green cards, you can self-petition for an NIW, meaning you do not need an employer to sponsor you.
- Entrepreneur Focus: Many entrepreneurs successfully transition to a green card through this category by highlighting their business’s positive impact on the U.S. economy and job creation.
Pathway 2: EB-5 Immigrant Investor Program (continued)
- Investment Amount: The required investment is either $800,000 if the business is located in a Targeted Employment Area (TEA), or $1,050,000 if it is not.
- Job Creation: You must create or preserve at least ten full-time jobs for U.S. workers.
- Existing Business: You can use your existing E-2 business as the investment vehicle, which can make this transition smoother.
Pathway 3: Family-Based Green Card
A family-based green card is another common route for E-2 visa holders. If you have close family members who are U.S. citizens or permanent residents, they may be able to sponsor you. One of the most straightforward scenarios is:
- Marrying a U.S. citizen allows you to apply for a green card through a family-based petition. This process typically involves:
- Filing a Petition: Your U.S. citizen spouse must file Form I-130, Petition for Alien Relative.
- Adjustment of Status: Once the petition is approved, you can file Form I-485, Application to Register Permanent Residence or Adjust Status, to transition to a green card holder.
Conclusion
Transitioning from an E-2 visa to a green card is possible through several pathways, each with its own set of requirements. Whether you pursue a National Interest Waiver, invest through the EB-5 program, or apply through a family-based petition, understanding these options and consulting with an immigration attorney can significantly enhance your chances of a successful transition.
For more detailed guidance on transitioning from an E-2 visa to a green card, explore our free resources and schedule a consultation with our expert immigration attorneys.
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