The E-2 Treaty Investor Visa allows nationals of certain countries to invest in and run a business in the United States. It is a nonimmigrant visa, meaning it does not lead directly to permanent residence (a green card). However, some E-2 visa holders may qualify for a green card under other legal categories.
There is no single way to « convert » an E-2 visa to a green card. Instead, the applicant must become eligible for an immigrant visa through one of the following paths:
1. Employment-Based Categories
If the E-2 holder is offered a full-time position by a U.S. employer, they may qualify under the EB-2 or EB-3 categories. This requires a labor certification (PERM) and a permanent job offer. In certain cases, an E-2 executive or manager may qualify for an EB-1C green card if the U.S. business is related to a foreign company where the applicant worked in a similar role.
2. EB-5 Investor Visa
If the E-2 investor meets the EB-5 requirements, which include a qualifying investment of $800,000 or $1.05 million and the creation of at least 10 full-time U.S. jobs, they may apply for a green card through this route.
3. Family-Based Sponsorship
A U.S. citizen spouse, parent, or adult child may file a petition for the E-2 holder. This is often the fastest and most direct path if a qualifying family relationship exists.
4. National Interest Waiver (EB-2 NIW)
If the E-2 holder’s work has significant public or economic value to the United States, they may qualify for a waiver of the job offer requirement under the EB-2 category.
Quick Self-Check for E-2 Holders
- Do you have a U.S. citizen spouse or adult child?
- Do you have a job offer from a U.S. employer unrelated to your E-2 business?
- Has your E-2 investment created 10 or more full-time jobs?
- Is your business affiliated with a foreign company where you were an executive?
- Does your work serve a public or national interest?
If you answered yes to any of the above, a green card may be possible. Immigration rules are complex. Always consult a qualified immigration attorney before filing.