E-2 Treaty Investors and their employees may have their spouses with them while working in the United States. The spouses either can accompany the principal visa holder or follow to join them at a later time. The period of stay of the spouses is the same as the principal E-2 visa holders. If the spouses are already in the United States, they can file a Change of Status or Extension of Stay to an E-2 family member classification. The E-2 spouses are eligible to apply for an Employment Authorization Document to work, either full- or part-time, without any restrictions.
An E-2 is not a “dual intent” visa. This means that an E-2 visa holder cannot have intentions to permanently immigrate to the U.S. They can only work temporarily as a nonimmigrant worker.
A spouse of an E-2 visa holder also cannot have “dual intent;” therefore, the spouse cannot apply for a “green card.” However, since a spouse of an E-2 visa holder can legally work in the United States, the spouse, like the E-2 principal visa holder, can change their status to an H1B or L-1 visa if an employer will petition them and if they meet the educational and/or work experience requirements. Both the H1B and the L-1 visa are “dual intent” visas and the visa holders can apply soon after their arrival in the U.S. for either a family or employment base “green card.”
What are the five visa options to convert an E-2 visa to a green card?
Here are five common pathways E-2 holders use to transition from nonimmigrant status to permanent residence:
- EB-5 Immigrant Investor
- What it is: A direct-investment green card requiring at least $800,000 (in a targeted employment area) or $1,050,000 (elsewhere) “at risk” in a new commercial enterprise that creates at least 10 full-time U.S. jobs.
- Why it works: Leverages your investment background—once USCIS confirms the capital and job-creation requirements, you and your qualifying family members receive conditional green cards.
- EB-2 with PERM (Employer Sponsorship)
- What it is: A labor-certified, employer-driven green card in the “advanced degree/professional” category.
- Key steps: Your employer must conduct a PERM labor market test, file Form I-140, then you file for adjustment of status (Form I-485) when your priority date becomes current.
- EB-1A Extraordinary Ability
- What it is: A self-petition green card for people with sustained national or international acclaim in their field (arts, sciences, business, athletics).
- Why it works: No job offer or labor certification is needed—if you can document your extraordinary achievements (major awards, published work, peer citations), you file Form I-140 yourself.
- EB-2 National Interest Waiver (NIW)
- What it is: A self-petition green card for those whose work “substantially benefits” the U.S., allowing you to bypass both the PERM process and a formal job offer.
- Key proof: Demonstrate that your endeavor has national significance and that waiving the labor certification is in the country’s interest.
- Marriage-Based Adjustment of Status
- What it is: If you marry a U.S. citizen (or, in some cases, a green card holder), you become eligible to apply for a family-based green card.
- Process: File Form I-130 (Petition for Alien Relative) and Form I-485 concurrently (if inside the U.S.) or complete consular processing abroad.
Each route has its own requirements, timelines, and documentation burdens. An immigration attorney can help you choose and navigate the option that best fits your background and goals.
How can marriage to a U.S. citizen or lawful permanent resident help an E-2 visa holder obtain a green card?
Marrying a U.S. citizen or lawful permanent resident (LPR) creates a direct pathway from E-2 nonimmigrant status to permanent residency. Here’s how it works:
1. Marriage to a U.S. Citizen
- Immediate Eligibility: Spouses of U.S. citizens are in the “immediate relative” category, which isn’t subject to annual visa caps, meaning faster processing.
- Concurrent Filing: After marriage, you can file Form I-130 (Petition for Alien Relative) and Form I-485 (Adjustment of Status) at the same time if you’re in the U.S. This lets you stay lawfully while USCIS reviews your green card application.
- Work and Travel Authorization: You can also submit Form I-765 for a work permit and Form I-131 for advance parole (travel document) to work and travel during adjudication.
- Interview: USCIS will schedule an interview to confirm the marriage is bona fide, reviewing shared financial records, leases, photos, and other proof of a genuine relationship.
2. Marriage to a Lawful Permanent Resident
- Family Preference Category: As an LPR’s spouse, you fall under the F2A category, which is subject to annual limits. Processing can take longer, depending on the availability of the visa number.
- Sequential Filing: First, the LPR spouse files Form I-130. Once USCIS approves it and a visa number is current, you file Form I-485 to adjust status in the U.S.
- Interim Benefits: You may still apply for a work permit (I-765) and advance parole (I-131) after I-130 approval, allowing you to remain employed and travel while waiting.
3. Key Considerations
- Proof of Genuine Marriage: USCIS closely reviews marriage-based petitions, so be sure to gather clear proof of your genuine relationship—joint bank statements, shared lease agreements, combined insurance policies, and photos capturing your life together.
- Maintaining Status: To avoid falling out of status, file your adjustment before your E-2 status expires.
- No Dual Intent Concern: Unlike many nonimmigrant visas, the E-2 does not prohibit immigrant intent, so marrying a U.S. citizen or LPR doesn’t conflict with your existing visa.
Bottom Line: Marriage to a U.S. citizen offers the fastest route to a green card for an E-2 holder, while marriage to an LPR is still viable but may involve longer wait times. In both cases, demonstrating a bona fide marriage and timely filing of I-130 and I-485 (plus I-765/I-131 as needed) are critical to a successful transition.
How can a company sponsor a green card for an E-2 visa holder?
A U.S. employer can sponsor an E-2 visa holder for permanent residency through the standard employment-based process:
- PERM Labor Certification: The company files a PERM application with the Department of Labor to demonstrate that hiring you won’t undercut U.S. workers. Once certified, you have the green light to proceed.
- I-140 Immigrant Petition: With the PERM approval in hand, your employer submits Form I-140 (Immigrant Petition for Alien Worker) in either the EB-2 (advanced degree/professional) or EB-3 (skilled worker/professional) category, depending on your qualifications and the job’s requirements.
- Adjustment of Status or Consular Processing
- If you’re in the U.S.: File Form I-485 to adjust your status to permanent resident once your priority date is current.
- If you’re abroad: Complete consular processing at a U.S. embassy or consulate when your I-140 is approved and a visa number is available.
By following these steps—PERM certification, I-140 petitioning, and adjustment or consular processing—an E-2 holder can transition from a temporary investor status to a green card.
What is a National Interest Waiver, and how can it help an E-2 visa holder get a green card?
A National Interest Waiver (NIW) is a provision within the EB-2 (employment-based second preference) category that lets you skip the usual labor-certification (PERM) process—and even the requirement of a specific job offer—if your work can be shown to benefit the United States as a whole. Here’s how it works for an E-2 visa holder:
- Bypass Employer Sponsorship
- Normally, an employer must prove that there are no qualified U.S. workers for the role (PERM). With an NIW, you self-petition—no employer sponsor or PERM needed.
- EB-2 Eligibility
- You must qualify for EB-2: either hold an advanced degree (or its equivalent) or demonstrate “exceptional ability” in your field.
- Meeting the Three-Part NIW Standard
- Substantial Merit & National Importance: Your proposed work must address a significant U.S. need—whether that’s in public health, energy, national security, economic competitiveness, or another arena of national significance.
- Well-Positioned to Advance the Endeavor: You need a record of achievement (publications, patents, awards, contracts, etc.) showing you can deliver on your proposed project.
- On Balance, Waiver of Labor Certification Is in the U.S.’s Interest: You must explain why it benefits the country to let you bypass the job-offer requirement, often by showing that your contributions are time-sensitive or so specialized that delaying for PERM would be counterproductive.
- Process for an E-2 Holder
- File Form I-140 (Immigrant Petition for Alien Worker) with the NIW request.
- Concurrent Adjustment (if visa number is current): If your EB-2 priority date is current, you can file Form I-485 to adjust status to permanent resident.
- Consular Processing (if abroad): Alternatively, complete immigrant-visa processing at a U.S. consulate.
Why It Helps E-2 Holders
- No Employer Tie: You can move from a treaty-investor temporary visa to permanent residency on your own merits.
- Speed & Flexibility: Skipping PERM can shave months or even a year off the timeline—and let you continue your work without waiting for a job-market test.
- Alignment with Your Expertise: If your E-2 venture involves high-impact research, innovative technology, or critical public-interest projects, the NIW lets you leverage that same work to secure a green card.
By demonstrating that your work has exceptional value and urgency for the U.S., the NIW offers a streamlined, self-driven path from E-2 status to permanent residency.
What are the key differences between the E-2 visa and the EB-5 visa?
Investment Amount
- E-2: There’s no set minimum, but adjudicators generally look for a “substantial” investment—often in the $100,000–$200,000 range—relative to the cost of the business.
- EB-5: Requires at least $800,000 in a targeted employment area (TEA) or $1.05 million elsewhere, all “at risk” in a qualifying new commercial enterprise.
Path to Permanent Residency
- E-2: A nonimmigrant visa that can be renewed indefinitely but does not lead directly to a green card.
- EB-5: An immigrant visa that grants a two-year conditional green card, which becomes permanent once you show you’ve met the investment and job-creation requirements.
Nationality Restrictions
- E-2: Only citizens of countries with a qualifying treaty can apply.
- EB-5: Open to investors of any nationality.
Job-Creation Requirements
- E-2: Job creation is encouraged to demonstrate business viability, but not a formal requirement.
- EB-5: You must create or preserve at least ten full-time jobs for U.S. workers within two years of your investment.
Duration and Renewal
- E-2: Initial validity typically ranges from two to five years, with unlimited renewals so long as the business stays operational and treaty ownership continues.
- EB-5: You receive a conditional green card for two years; after that, you file to remove conditions and obtain permanent residency.
Choosing between them hinges on your investment capacity, desire for a definitive green-card path, and willingness to meet each program’s specific requirements.
What is the process for a company-sponsored green card, including labor certification?
To secure a company-sponsored green card, you generally follow three main phases:
1. PERM Labor Certification
- Recruit U.S. Workers: Your employer advertises the position—posting in newspapers, online job boards, and through other required outlets—to demonstrate a good-faith effort to hire domestically.
- Show No Qualified Hires: If no U.S. applicants meet the job’s criteria, the employer documents those recruitment results.
- Define the Role Properly: The job description must reflect standard industry qualifications—nothing unreasonably restrictive.
- Meet Prevailing Wage Requirements: The employer pledges to pay at least the Department of Labor’s prevailing wage for that role and proves it can sustain that salary.
Once approved, the Department of Labor issues the PERM certification, confirming that hiring you won’t disadvantage American workers.
2. Filing the Immigrant Petition (I-140)
- Choose the Right Category: Most company-sponsored cases fall under EB-2 (advanced degree/professional) or EB-3 (skilled worker/professional).
- Submit Form I-140: Your employer files this petition with USCIS, attaching the PERM approval and evidence of your credentials and the company’s ability to pay.
- Priority Date: The filing date becomes your “priority date,” which determines when you can apply for the green card.
3. Obtaining Permanent Residence
- Adjustment of Status (Form I-485): If you’re already in the U.S. under a valid visa, you file I-485 once your priority date is current to switch to permanent resident status without leaving.
- Consular Processing: If you’re abroad, you complete an immigrant visa interview at a U.S. consulate once your I-140 is approved and a visa number is available.
- Final Approval: Upon USCIS or consular sign-off, you receive your green card.
It’s crucial to keep your status current, address any USCIS requests quickly, and follow every recruitment and filing rule precisely. Working with a skilled immigration attorney can guide you through each stage and help you sidestep common missteps.
What is consular processing for obtaining a green card?
Consular processing is the pathway for foreign nationals to secure a U.S. green card while living outside the United States. Here’s how it unfolds:
- Petition Approval: Your sponsor—whether a family member or employer—first files an immigrant petition (such as Form I-130 or I-140) with USCIS. USCIS forwards your case to the National Visa Center (NVC) when that petition is approved.
- Document Collection and Fees: The NVC contacts you to gather required civil documents (birth certificates, police clearances, etc.) and collect visa application fees. Once your paperwork is in order, the NVC schedules your visa interview at the U.S. consulate or embassy in your home country.
- Visa Interview: You appear in person before a consular officer, who reviews your application, confirms your eligibility, and conducts any necessary background or medical checks.
- Visa Issuance and U.S. Entry: If the officer grants your immigrant visa, you receive a visa stamp in your passport. Upon arrival at a U.S. port of entry, Customs and Border Protection admits you as a lawful permanent resident and mails your official green card to your U.S. address.
In short, consular processing lets you complete every step—from petition approval to in-person interview—at a U.S. diplomatic post abroad, culminating in admission to the U.S. as a permanent resident.
What are the benefits of investing additional capital in your E-2 business to obtain an EB-5 visa?
Advantages of Boosting Your E-2 Investment for an EB-5 Visa
- Leverage Existing Capital: Your initial E-2 investment counts toward the EB-5 minimum. For example, if you’ve already put $100,000 into your business, you only need to add $1.7 million more to hit the $1.8 million threshold—turning past funds into real immigration credit.
- Lower Threshold in Targeted Areas: Locate or relocate your enterprise within a Targeted Employment Area (TEA), and your required investment drops to $900,000. That can make the jump from E-2 to EB-5 far more affordable.
- Maximize Financial Efficiency: Rather than starting fresh, you build on the groundwork you’ve already laid, saving time and simplifying your path to a green card.
- Strategic Flexibility: If your current location isn’t TEA-eligible, consider setting up a TEA-based affiliate or partnering with a regional center. You can redirect new capital there while retaining your existing E-2 operations.
What challenges do E-2 visa holders face when their children turn 21?
When an E-2 dependent turns 21, they “age out” of the visa category and lose their derivative status. That transition brings several hurdles:
- Loss of Legal Status: At 21, an E-2 child can no longer remain as a dependent E-2D. Without immediate action, they effectively fall out of status, jeopardizing their ability to live, study, or work in the U.S.
- Forced Departure vs. Change of Status: Families must choose between having the young adult leave the country (disrupting their education or social ties) or filing for a new nonimmigrant visa. That decision often comes under tight time pressure and can be both costly and complicated.
- Limited Visa Alternatives
- F-1 Student Visa: Requires full-time enrollment and proof of sufficient funds, plus potential caps on the program.
- H-1B Work Visa: Dependent on finding an employer sponsor, navigating an annual lottery, and meeting specialized-occupation criteria.
- Other Paths: Options like the Diversity Visa Lottery or family-sponsored petitions exist, but they carry long waits, strict eligibility, and no guaranteed outcome.
- Financial and Administrative Burden: Switching visas often involves new application fees, legal costs, medical exams, SEVIS fees (for F-1), and sometimes travel back home—expenses that can strain family budgets.
- Emotional and Logistical Stress: Facing imminent status loss, families endure anxiety over potential separation, last-minute paperwork, and the uncertainty of whether their child’s new visa will be approved.
In essence, turning 21 forces E-2 families to make rapid, high-stakes immigration decisions—balancing financial, legal, and personal considerations to keep their young adult in the U.S. smoothly.
What is the EB-1A visa, and who qualifies for it?
The EB-1A (“Extraordinary Ability”) category is a green-card pathway for individuals whose achievements place them at the very top of their fields, whether in science, arts, education, business, or athletics. Unlike most employment-based visas, it allows you to self-petition (no employer sponsor required) and bypass the labor-certification process.
Who Qualifies?
You must demonstrate sustained national or international acclaim and show that you’re one of the small percentage who have risen to the very top of your discipline. Specifically, you must meet one of two standards:
- Major International Award: Winning a Nobel Prize, an Olympic medal, a Pulitzer Prize, or a similar honor automatically qualifies you.
- At Least Three of Ten Regulatory Criteria: If you haven’t won a single world-renowned prize, you can still qualify by providing strong evidence in at least three of these categories:
- Receipt of smaller, but still significant, nationally or internationally recognized awards or prizes
- Membership in associations that require outstanding achievements for admission
- Published material about you or your work in major media or trade journals
- Judging the work of others, either as a peer reviewer or on a panel
- Original contributions of major significance to your field (patents, breakthrough methods, etc.)
- Authorship of scholarly articles in top-tier journals or books
- Display of your work at distinguished exhibitions, showcases, or performances
- Critical role for organizations with an outstanding reputation
- High salary or other compensation that reflects your extraordinary status
- Commercial success in the performing arts (box-office receipts, record sales, etc.)
Additional Requirements
- Intent to Continue in Your Field: You must show that you plan to work in the same area of extraordinary ability once you are in the U.S.
- Benefit to the U.S.: You must explain how your presence will substantially benefit American interests—be it advancing technology, enriching culture, or bolstering economic competitiveness.
Because the EB-1A lets you self-petition, it’s particularly attractive if you don’t have a U.S. employer lined up or want the flexibility to pursue multiple projects. If you can persuasively document your extraordinary achievements and future plans, this category can fast-track you to permanent residency, often in under a year.