How Can E2 Visa Holders Apply For Permanent Residency?
How Can E2 Visa Holders Apply
Obtaining permanent residency (a Green Card) from an E2 visa is not easy and requires a substantial amount of resources. Nonetheless, it is possible and there are various routes to a US green card that can be taken from an E2 visa. The most common way is through family sponsorship. This involves finding a relative who is a US citizen or legal permanent resident to sponsor one’s application. This can be a spouse or parent. If the applicant does not have any relatives in the US, then they can attempt to get sponsored through their employer. However, this is a lengthy and difficult process that takes years to complete.
Those who wish to take this route should first consult with a qualified attorney to ensure they can qualify for the immigrant E2 Visa. During this stage, the attorney will assist the individual in gathering supporting documents such as business records, financial statements, and tax returns to demonstrate they meet the minimum requirement. In addition, the attorney will help the applicant determine whether to use their own funds or seek capital from other sources. Once all the necessary documentation has been gathered, the individual must prepare and file Form I-485, Application to Register Permanent Residence or Adjust Status with the USCIS.
Once the form has been submitted to the agency, USCIS will review the case and make a decision regarding the applicant’s eligibility for the green card. If approved, the individual will then need to file Form I-131, Petition for Alien Relative to get their spouse and children on the same path towards permanent residency.
How Can E2 Visa Holders Apply For Permanent Residency?
An alternative pathway to a US green card that is sometimes pursued by E2 visa holders is through the EB-5 immigrant investor program. This is a much more complicated and time-consuming process than the E2 route. However, USCIS recently amended regulations that make it easier for foreign investors to utilize this method of obtaining residency.
The EB-5 program has long been an attractive option for those who want to become US citizens by investing in a new or existing business. The longstanding requirements of the EB-5 program were that an individual invest a minimum of $500,000 or create at least 10 jobs in a targeted employment area in order to qualify. These requirements were raised in November of 2019.
Fortunately, for those who already hold an E2 visa, these changes mean that it is now easier for them to take advantage of this opportunity. The EB-5 process is still lengthy and time-consuming, but those who can prove that their ownership of a US business will bring significant economic benefits to the nation should be able to successfully navigate this route. Those who are interested in this option should seek advice from a qualified immigration attorney to see if they are eligible for the National Interest Waiver. If successful, this could bypass the long and difficult PERM process altogether. Please contact our firm to discuss your particular circumstances and how we can help.