Does My E2 Visa Automatically Lead to a Green Card?
People who wish to come to the United States and open a business may find an E2 visa is right for them. The E2 visa requires a lower investment cost, making it easier for some investors to obtain than other business visas. While they can be renewed every two years for an indefinite amount of time, “Will my E2 visa automatically lead to a green card?” The short answer is, no. Since it does not lead to permanent residency, an E2 visa is referred to as a non-immigrant visa. But it is possible to parlay your E2 visa to a green card through several different outlets:
Non-immigrant visa holders may apply for a green card if they have family in the United States who will sponsor them and file a petition on their behalf. Your family members may either be permanent residents or natural-born citizens of the U.S.
If you can find an employer who wants to hire you for a permanent job, that employer might be willing to sponsor you through a process known as a PERM Labor Certification. This type of sponsorship may be difficult, as the employer is required to comb the workforce already available in the U.S. and determine that neither a U.S. citizen nor a permanent resident already residing in the States can perform the job.
EB-5 Immigrant Visa
Investors who came to the U.S. on the E2 visa may find that their business has grown considerably and may now be able to afford the higher $1million investment fee for the EB-5 immigrant visa. This visa is an immigrant visa, so it does lead to a green card. On top of the investment fee, these investors must either create or conserve ten permanent jobs within their business.
Waiving Your E2 Rights
If you decide to apply for permanent citizenship in the United States, there are some benefits you will need to give up under your nonimmigrant status. As a nonimmigrant, you receive certain rights, privileges, and immunities; if you decide to become a permanent citizen you must waive your rights by filling out a form I-508. Waiving your nonimmigrant rights can affect you in many ways, so you may want to consult an immigration attorney before filling out the I-508.
How an Attorney Can Help
Since E2 visas cannot automatically convert to green cards, investors who hold that visa must consider another way to obtain residency if they decide they want to remain in the U.S. permanently. The immigration attorneys at Udall Shumway, PLC can go over all your options and help you determine the best option for your situation.
This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice regarding My E2 Visa, or other Immigration Law matters, please feel free to contact Phil D. Ortega at 480.461.5330, log on to udallshumway.com, or contact an attorney in your area. Udall Shumway PLC is located in Mesa, Arizona and is a full service law firm. We assist Individuals, families, businesses, schools and municipalities in Mesa and the Phoenix/East Valley.