E2 Visa to Green Card: (Ultimate guide)

If you are a business owner who also wants to establish permanent residence in the U.S., the E2 visa also called the “treaty investor visa” could be a great option. This visa allows you to live and work in the United States, as long as you continue to own and operate your US business. In this blog post, we will walk you through the process of obtaining an E2 visa and eventually becoming a U.S. permanent resident. Let’s get started!

What is E2 Visa

The E-2 visa is a nonimmigrant visa that allows a national of a treaty country to be admitted to the United States when investing a substantial amount of capital in a US business. Certain employees of such a person or of a qualifying organization may also be eligible for this visa. Treaty investors (E-2) invest a “substantial amount of money” and direct the operations of an enterprise, in which they have invested, or are actively investing. Source: USCIS.gov

Who qualifies for E2 Visa?

1. To qualify for an E-2 visa as a treaty investor:

• Be a national of a country with which the United States maintains a treaty of commerce and navigation;
• Have invested, or be actively in the process of investing, a “substantial amount of capital” in a bona fide enterprise in the United States; and
• Be seeking to enter the United States solely to develop and direct the investment enterprise. Source: USCIS.gov

What is a substantial amount of capital?

A substantial investment is:

• Substantial in relationship to the total cost of either purchasing an established enterprise or establishing a new one
• Sufficient to ensure the treaty investor’s financial commitment to the successful operation of the investment enterprise
• Of a magnitude to support the likelihood that the treaty investor will successfully develop and direct the investment enterprise. 

2. To qualify for E2 Visa as an Employee of Treaty Investor

• Be the same nationality as the main employer (who must have the nationality of the treaty country);
• Meet the definition of “employee” under relevant law; and
• Be either engaging in duties of an executive or supervisory position or if employed in a lesser capacity, have special qualifications.

How to apply for E2 Visa

If you are already in the U.S and applying as an E2 employee or individual investor (principal applicant):

• Get the I129 petition filed by yourself (individual investor) or through your E2 employer for a change of status.
• if you are already within the US then it is only an adjustment of status
• pay the applicable filing fee
• provide the required evidence and documentation

If you are outside the US and applying as an E2 employee

• prepare and submit DS160, by either you or the employer
• prepare and submit DS156E with DS160 and required documents(generally done by the employer)
• attend the interview at the US consulate with supporting documentation

E2 Visa treaty countries

What are treaty countries?

A country with which the United States maintains a treaty of commerce and navigation, or with which the United States maintains a qualifying international agreement, or has been deemed a qualifying country by legislation.

For the complete and updated list of the treaty country or countries please visit the following this link to travel.state.gov

1. Albania
2. Argentina
3. Armenia
4. Australia
5. Austria
6. Azerbaijan
7. Bahrain
8. Bangladesh
9. Belgium
10. Bolivia
11. Bosnia and Herzegovina 
12. Bulgaria
13. Cameroon
14. Canada
15. Chile
16. China (Taiwan)
17. Colombia
18. Congo (Brazzaville)
19. Congo (Kinshasa)
20. Costa Rica
21. Croatia 
22. Czech Republic 
23. Denmark
24. Ecuador
25. Egypt
26. Estonia
27. Ethiopia
28. Finland
29. France
30. Georgia
31. Germany
32. Grenada
33. Honduras
34. Ireland
35. Israel
36. Italy
37. Jamaica
38. Japan
39. Jordan
40. Kazakhstan
41. Korea (South)
42. Kosovo 
43. Kyrgyzstan
44. Latvia
45. Liberia
46. Lithuania
47. Luxembourg
48. Macedonia
49. Mexico
50. Moldova
51. Mongolia
52. Montenegro 
53. Morocco
54. Netherlands
55. New Zealand 
56. Norway
57. Oman
58. Pakistan
59. Panama
60. Paraguay
61. Philippines
62. Poland
63. Romania
64. Senegal
65. Serbia 
66. Singapore
67. Slovak Republic
68. Slovenia 
69. Spain 
70. Sri Lanka
71. Suriname 
72. Sweden
73. Switzerland
74. Thailand
75. Togo
76. Trinidad & Tobago
77. Tunisia
78. Turkey
79. Ukraine
80. United Kingdom
81. Yugoslavia 

E2 Visa fees or cost

As of the publishing date of this article for the USCIS fee :

If you are within the U.S.

• The cost for filing petition I129 – $460
• I907 premium processing fee(if applicable and optional) – $2500
• The cost of filing I539 for dependents (if applicable) – $370 + applicable biometric fee

Note: There could be other miscellaneous fees, like attorney fees, the cost of obtaining evidence, and shipping fees, which are not covered here.

E2 Visa processing time

please check the following link from the USCIS website https://egov.uscis.gov/processing-times/ for the official processing times.

How to convert E2 Visa to a green card

The E2 visa is a non-immigrant visa. To convert to become a permanent resident of the U.S you have to apply for an immigrant visa category which could be employment-based or Family sponsored.

Below are a few options to consider:

• one could consider EB2 or EB3 immigrant visa category as the go-to option if you are able to qualify for the E2 nonimmigrant Visa.
• you could also consider EB2 NIW option as well.
• EB5 Immigrant Investor Program could also be explored.

Are E2 Visa holders resident aliens

For immigration purposes, E2 Visa is a nonimmigrant visa. In contrast, for tax purposes you could be considered a resident alien or a non-resident alien depending upon your length of stay in the US by the IRS, sometimes called the “substantial presence test”. More info on this can be found by following this link to the IRS.

Is E2 Visa dual intent

E2 Visa holders are prohibited from applying for permanent residency through the adjustment of status process without waiving the legal rights provided in the trade agreement. Therefore it is advisable to consult with a knowledgeable immigration attorney while moving from E2 Visa status to a permanent residency in the US.

Can E2 Visa holder work for multiple employers?

The E2 Visa employee or the investor cannot work for multiple employers. They are usually restricted to work for the company their visa was initially approved for.

Is E2 Visa a green card

Is E2 Visa permanent residency?

The E2 visa is not a green card. It is a non-immigrant visa to work in the United States on a temporary basis. But if you are eligible for an E2 Visa you can eventually apply for a green card as the various options discussed above.

Is E2 Visa multiple entry

This usually depends upon the country you are from. if your Visa has the letter “M” meaning you can enter multiple times. whereas if there is a number, such as “One”, it is usually a single entry visa. More info on this can be found by following this link to travel.state.gov

can E2 visa spouse work

Yes, the spouse of the E2 Visa holder could work for or take any lawful employment within the U.S. through the Employment authorization document (EAD).

Can the E2 visa be extended?

How long can I stay on an E2 visa?

Qualified treaty investors and employees will be allowed a maximum initial stay of two years. Requests for extension of stay in, or changes of status to, E-2 visa may be granted in increments of up to two years each. There is no limit to the number of extensions an E-2 nonimmigrant may be granted.

Source: USCIS.gov

Difference between E2 Visa and EB5 Visa

The main difference being the E2 visa is basically in the non-immigrant visa category whereas the EB5 (Immigrant investor program) visa is an immigrant visa with the intent to become a permanent resident of the U.S(green card holder).

Difference between E2 Visa and H1B visa

The main difference is that the E2 visa is mainly investment-based, whereas H1B focuses on specialty occupation only. H1B visa is only valid for a maximum of 6 years whereas an E2 visa can be extended indefinitely in 2-year increments (until the project/work is complete) after the initial 2 years.

Conclusion

An E2 visa is a great option for those who want to live and work in the United States. It offers many benefits, including the ability to live and work in the United States for an extended period of time, the ability to bring your family members with you, and the possibility of eventually obtaining a green card. While the E2 visa does have some requirements, such as investing a certain amount of money in a US business.

If you are interested in living and working in the United States, the E2 visa is definitely worth considering, and always consider a knowledgeable immigration attorney for your immigration needs.