US Immigration

Can You Use Your E-2 Visa to Apply for a Green Card?

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Can You Use Your E-2 Visa to Apply for a Green Card?

Want to get Green Card while residing in the US on an E-2 Visa? Learn if you are eligible and how to apply for US Permanent Residency.

If you have an E-2 visa, can you apply for a green card? The answer is yes and no, as there is no straight route from an E-2 Visa to a residency visa.

A non-immigrant visa, an E-2 visa, typically has a five-year validity period. It is for investors who wish to establish or join a firm in the United States, make a sizeable investment, run and expand the business, and obtain a visa based on their invested capital. 

As we already discussed, it typically lasts for five years. However, it can be renewed. So you can theoretically renew it every 5 years for a continuous period, or at least virtually indefinitely, as long as you’re prepared to run and manage your firm.


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Applying for a Green Card as E-2 visa holder

When someone stays in the US for a long time, they usually want to consider going for a permanent residency. Although there is no clear route for E-2 visa holders, there are alternatives. 

For instance, you might be able to apply for an H-1B visa if you have an offer of employment. The job offer can be from your employer or an E-2 company. In addition, once you receive an H1-B visa, it will allow you to apply for permanent residency. 

However, the process is difficult because you must first hold an H-1B visa before applying for a green card.

EB-1C Visa Category

The same thing can also be valid for an L1 visa if you have a company outside of the US and you have been a manager or executive there for the last three years. Again, however, it is another difficult process. 

Another option is the EB-1C visa category, but it is for managers or executives of global corporations. There is a chance that you would be eligible for this category if you have an affiliate business located outside the United States and you hold an E-2 Visa. This business could be an affiliate, a branch, or a connected firm. 

Further, you can apply for permanent residency based on the EB-1C while you are on an E-2 as an executive, manager, or employer from a foreign country. For example, a typical E-2 applicant who owns a company and has a related or associated firm overseas may be eligible for this visa. 

Of course, there are obvious limitations to that. The amazing thing about this visa is that no expenditure is necessary. While your E-2 firm would probably be eligible, the firm in the United States must have been operating for at least a year.

Additionally, processing happens quickly, possibly within months on average to years and years, which is relatively quick in the context of immigration. 

Therefore, for E-2 visa holders, this EB-1C could be your opportunity to apply for permanent residency.  

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