We recently had an E-2 visa holder successfully convert from an E-2 visa to an EB-1C green card.
The E-2 visa holders achieved a direct transition to an EB1C green card despite being in E-2 status for several years. The United States Citizenship and Immigration Services (USCIS) approved the EB-1C green card in 20 days without a Request for Further Evidence. The case was filed with premium processing.
The E-2 Investor Visa is a nonimmigrant visa for nationals of treaty countries to live and work in the U.S. by investing in a US business. This visa also extends to the investor’s spouse and unmarried children under 21. Furthermore, E-2 businesses can bring E2 employees in executive, managerial, or specialized roles essential to the firm’s operations in the U.S. You can establish a new business or buy an existing business to qualify for the E-2. To learn more about E-2 visa, contact our E-2 visa lawyers. To learn more about visas for Canadians, visit E2 visa for Canadians and US visa for Canadian citizens.
In this article, we discuss how to go from E2 visa to EB1C and other green cards and key takeaways.
E2 Visa To EB-1C Green Card
This success story highlights an often overlooked route for E-2 visa holders seeking permanent residence in the United States. The key takeaways in converting an E2 visa to EB1C green card are:
- Direct E2 visa to green card conversion. Contrary to misconceptions, you do not need an L-1 visa to qualify for an EB1C green card. You can qualify for an EB1C green card with an E2 visa, TN visa or any other nonimmigrant visa, or no visa at all.
- Long-term E2 status is irrelevant. Even after years in E2 status you can convert to EB1C green card as long as you meet the EB1C requirements.
- Simple Process. The EB1C application can be approved in as little as 45 days or less with premium process. In our case, the EB1C green card application was approved within 20 days with premium processing, without requiring additional evidence.
- Small-Scale Operations. Notably, company’s operations in the United States can be relatively small, demonstrating that this EB1C green card route has applicability beyond large businesses. This highlights a valuable avenue for E2 visa holders seeking permanent residency, regardless of their company’s size.
EB1C Green Card
The EB1C green card category is available to multinational executives and managers. The EB-1C is an attractive option because there is no PERM labor certification required, the processing time is short and most applicants can concurrently file for adjustment of status.
To qualify, you must have worked for the company abroad as a manager or executive for at least 1 year in the past 3 years. In addition, the company must have operations in the United States and at least one other country. To learn more visit EB-1C requirements and Can I Apply for EB-1C without L-1.
To learn more about changing jobs in the US while EB1C is pending visit EB1C Change of Job or Employer.
How To Go From E-2 Visa to EB-1C Green Card?
The process to convert an E2 visa into green card is a two-step process:
- EB1C petition approval. USCIS must approve a petition demonstrating your eligibility for EB1C.
- Green card application. Once the petition is approved, you must apply for immigrant visa at a US Consulate abroad (Consular Processing), or for Adjustment of Status to permanent resident within the United States.
Consular Processing
If you are in the United States with an E2 visa and you have an approved EB1C petition, you can apply for your green card through Consular Processing at a US Consulate in your home country.
You must attend an interview at the Consulate to verify your eligibility. If approved, you receive an immigrant visa to travel to the United States.
After you are admitted as a lawful permanent resident, USCIS will mail you the green card.
Adjustment of status
If you are in the United States in E2 status, you are eligible to convert your E2 visa status to green card directly with USCIS through a process called Adjustment of Status.
Upon approval of your adjustment of status application, USCIS will mail your green card to the address you provided.
Please note that successfully transitioning from E2 visa to green card via adjustment of status requires careful consideration due to the “intent to depart” requirement of your E2 status. To ensure a smooth transition from E2 visa to green card through adjustment of status, contact an experienced immigration lawyer.
E-2 Visa to EB-5 Green Card
Another attractive route for E2 visa holders seeking permanent residency in the Unites States is the EB5 green card. This route became especially attractive after the EB-5 Reform and Integrity Act of 2022 (RIA). This Act revamped the EB5 program, making it more accessible for E2 visa holders.
The key takeaways in converting the E2 visa to EB5 green card are:
- Simplified requirements. The EB5 program now requires an investment of $800,000 in targeted employment areas (rural or high unemployment), or $1,050,000 elsewhere, along with the creation of at least ten full-time jobs for US workers. You can make the investment in a direct or EB5 Regional center project.
- Passive Investment Option. By investing in EB5 Regional Center projects, E2 visa holders can be passive investors and continue to manage their E2 business.
- Direct E2 to green card conversion. As long as you make the investment, you can directly petition for EB5 green card with an E2 visa without requiring sponsorship by a US employer. You can use your E2 business or investments in USCIS-approved EB5 Regional Centers to apply for green card through the EB5 program.
- Faster Processing. EB5 applications for investments in targeted employment areas (TEAs) can be approved in as little as 3 to 6 months. Additionally, E2 visa holders who are in the United States, can often concurrently file for Adjustment of Status to permanent resident with their EB5 application. Nowadays, the processing time to convert from E2 visa to EB5 green card can be as short as 3 to 6 months.
- Long-term E2 status. There is no limit on how long you can hold an E2 visa before transitioning to EB5 green card.
- No PERM labor certification. There is no PERM labor certification required to apply for EB5.
EB5 Green Card
The EB5 green card category is available to investors who invest $800,000 (TEA) or $1,050,000 (non-TEA) in a US business or EB-5 Regional Center. Businesses must create 10 new full-time jobs, except for troubled businesses preserving jobs.
Investors worldwide are eligible for the EB5 program. To learn more about the EB-5 requirements and risks contact our EB-5 visa lawyer, or visit Is EB-5 risky? and EB-5 for Canadians.
Why Partner with Malescu Law
Contact our experienced EB-1C lawyers in Miami, Florida, USA to discuss converting your E2 visa to green card. You can schedule an appointment for your immigration case and find out more about the EB-1C green card process for multinational companies and owners of multinational companies.
We serve companies and individuals across all 50 states, the District of Columbia and Puerto Rico.
Contact us or schedule a strategic immigration consultation with our experienced lawyers today.
Malescu Law P.A. – Business & Immigration Lawyers