Pathways to Permanent Residency
The E2 Investor Visa is a non-immigrant visa designed for foreign nationals of treaty nations. It permits coming to the U.S. to invest and operate a business. The E2 Visa serves as a bridge for investors or entrepreneurs aiming at establishing their businesses in the United States, setting up roots where they want to live, and creating employment opportunities along the way.
We’re an award-winning San Diego, California law firm with 50+ years of experience in immigration law and have successfully handled many E-2 investor visas. Talk to an immigration attorney at Feldman Feldman & Associates PC by calling 1-619-299-9600 today.
Presenting Your Valid Claim for an E2 Visa
A potential candidate intending to apply for an E2 investor visa must be a national of a country maintaining a Treaty of Commerce and Navigation or similar agreement with the United States. The applicant must possess a stake of 50% or more in the U.S. business they intend to run and infuse a substantial amount of capital into this enterprise. The invested capital should be “at risk,” thereby directly contributing to the revenue generation, job creation, and overall health of the U.S. economy. Above all, the purpose of acquiring the visa must be directing and developing this enterprise by investing resources and indeed, sweat equity into it.
Unraveling Link between E2 Visa and Permanent Residency
An essential facet worth noting about the E2 Visa is that it does not lead directly to a green card or permanent residency in the U.S. Nevertheless, some individuals do manage to successfully parlay their initial E2 visas into Green Cards, such as through Labor Certification, the EB-1c or EB-5 program. Under the appropriate guidance of an immigration attorney an E2 investor visa can eventually facilitate a successful application for permanent residency.
Using Other Routes: EB-5 Immigrant Investor Program
One option often considered by hardworking E2 visa holders is branching out into the EB-5 Immigrant Investor Program. The EB-5 route involves making an investment in a new commercial enterprise, which will, in turn, create or preserve ten full-time jobs for qualifying U.S. workers. Been seen as an accomplished investor by the USCIS requires compliance not only with these investment thresholds but also demonstrating job creation tangibles linked to the investment.
FAQs
1. Can the E2 Visa lead directly to a Green Card?
The E2 Visa is not a direct way to obtaining permanent residency or a Green card in the United States. However, it grants the E2 investor and their family the opportunity to live in the US and operate their business, which can facilitate applying under a spearate permanent residency program.
2. How can I transition from an E2 Visa to EB-5?
The EB-5 Immigrant Investor Program involves investing either $800,000 (in a rural or targeted employment area) or $1,050,000. It also requires you to create 10 additional full-time jobs for U.S. workers within two years. If the E2 business is successful it can generate additional jobs for US workers, thereby satisfying the EB-5 job creation requirement.
3. Can I live permanently in the U.S with an E2 Visa?
E2 visa holders can live in the United States as long as they want provided they continue operating their businesses. They can renew their E2 visas indefinitely every two years without any specific limit imposed on the number of renewals.
4. Does maintaining assets in the United States guarantee permanent residency?
Merely owning property or having significant assets in the United States does not assure permanent residency. It may facilitate it but does not directly contribute towards obtaining it.
5. Could denial of permanent residency affect my present E2 status?
Applying for permanent residency via an immigrant visa while holding a E2 Visa could impact your E2 status if the application gets refused. This is due to the non-immigrant intent associated with the E2 Visa
Selecting an Immigration Attorney in San Diego, California
We’re an award-winning San Diego, California law firm with 50+ years of experience in immigration law.Talk to an immigration attorney at Feldman Feldman & Associates PC by calling 1-619-299-9600 today.
