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E-2 Visa Business Growth to Potential EB-5 Immigration

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For many entrepreneurs, the E-2 visa is the start of something big. It allows people from treaty countries to live in the United States (U.S.) while running a business they have personally invested in. Over time, though, that business may grow bigger than expected and beyond what the E-2 visa was ever meant to support.

That is when some owners start thinking about the next steps. Could the business help them apply for permanent residency? There is no direct path from the E-2 visa to a green card, but the EB-5 Immigrant Investor Program can offer one if the business qualifies.

Here is what EB-5 requires, according to the U.S. Citizenship and Immigration Services (USCIS):

  • An investment of at least $1.05 million, or $800,000 if the business is located in a rural or high-unemployment area
  • The investment must create 10 full-time jobs for U.S. workers
  • The funds must be lawfully sourced and remain at risk in the business

Imagine a small food production company started under an E-2 visa. A few years later, it expanded, hired a dozen full-time staff, and opened a second location. If the total capital invested meets EB-5 levels, and if all job and documentation requirements are met, the owner may be eligible to apply for permanent residency through the EB-5 program.

The E-2 visa does not automatically convert to an EB-5 visa. The investor must submit an EB-5 application and should maintain a valid status during the process. Strong documentation and a clear paper trail are important.

Not every E-2 business will scale this way. But for those that do, the E-2 visa can be a stepping stone to business success and possibly to long-term U.S. residency.

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