The E-2 Treaty Investor Visa continues to be a popular option for entrepreneurs from treaty countries who wish to invest in and manage businesses in the United States. However, understanding how to obtain, maintain, and eventually transition from E-2 status to permanent residence can be complex.
This post explains the three main E-2 procedures — Change of Status (COS), Consular Processing (CP), and Extension of Status (EOS) — and how investors may progress from E-2 status to a Green Card and eventually U.S. citizenship.
1. E-2 Change of Status (COS) – For Those Already in the U.S.
Foreign nationals lawfully present in the U.S. under another nonimmigrant visa (for example, B-1/B-2 or F-1) can apply for Change of Status to E-2 through USCIS.
Key Points:
- The applicant must be from a country that has an E-2 treaty with the United States.
- The investment must be substantial, placed in a real, active business, and capable of generating income beyond supporting the investor’s family.
- COS approval grants E-2 status, not an E-2 visa stamp. This means the investor cannot re-enter the U.S. if they travel abroad without first obtaining an E-2 visa from a U.S. consulate.
Best for: Individuals already in the U.S. who want to start operating their business quickly without traveling for consular appointments.
2. E-2 Consular Processing (CP) – Applying from Outside the U.S.
Applicants outside the U.S., or those preferring to hold an actual visa, may apply through a U.S. Consulate in their home country.
Key Points:
- Applicants must complete the DS-160 and DS-156E (for investors) forms and attend a visa interview.
- If approved, they receive an E-2 visa stamp in their passport, usually valid for 2 to 5 years depending on the treaty country.
- E-2 visa holders can travel freely and re-enter the U.S. during the visa’s validity.
Best for: Investors abroad who prefer travel flexibility or plan to enter with family members (spouse and children).
3. E-2 Extension of Status (EOS) – Maintaining E-2 Classification
E-2 investors can apply for an Extension of Status before their current E-2 authorization expires.
Key Points:
- Each extension is typically granted for up to two years.
- The investor must continue to operate the business and maintain substantial investment and job creation.
- Timely filing ensures uninterrupted work authorization and lawful stay.
Best for: Ongoing investors who wish to continue managing their business and remain compliant with U.S. immigration regulations.
4. Transitioning from E-2 to a Green Card
While the E-2 visa is a nonimmigrant classification (it doesn’t directly lead to a Green Card), there are several pathways for investors seeking permanent residence:
- EB-5 Immigrant Investor Program: Investors who increase their investment to meet EB-5 thresholds ($800,000 or $1.05 million depending on the project) and create at least 10 full-time U.S. jobs may transition to permanent residence.
- Employment-Based Sponsorship: If an E-2 investor qualifies for an EB-1C (multinational manager/executive) or EB-2 National Interest Waiver, they may apply independently or through a U.S. company.
- Family-Based Sponsorship: E-2 visa holders with immediate relatives who are U.S. citizens (spouse or adult child over 21) may apply for adjustment of status through family sponsorship.
These routes require careful timing and legal strategy to maintain lawful status throughout the process.
5. From Green Card to U.S. Citizenship
After obtaining lawful permanent residence, individuals can apply for U.S. citizenship through naturalization after five years (or three years if married to a U.S. citizen).
Applicants must maintain continuous residence, demonstrate good moral character, and pass the English and civics tests.
NPZ Guidance for E-2 Investors
Whether you are applying for an initial E-2 visa, seeking an extension, or planning a transition to permanent residence, careful legal planning is essential.
NPZ Law Group assists investors and business owners in:
- Structuring E-2 compliant businesses,
- Preparing strong supporting documentation,
- Navigating consular or USCIS filings, and
- Exploring long-term immigration options such as EB-5 or employment-based Green Cards.
FAQ – E-2 Status and Green Card Pathways
Q1: Can I apply for a Green Card while on an E-2 visa?
Yes, but the E-2 is not dual intent. You must maintain nonimmigrant intent or apply for adjustment only after qualifying under another immigrant category.
Q2: How long can I stay in the U.S. on E-2 status?
You can extend indefinitely, provided the business remains active and meets all E-2 requirements.
Q3: Can my spouse work in the U.S. on E-2 status?
Yes. E-2 spouses are authorized to work without applying for separate employment authorization.
Contact NPZ Law Group
If you are an investor exploring E-2 visa options or planning to transition to a Green Card, contact NPZ Law Group at www.visaserve.com or call 201-670-0006 (ext. 104).
Our experienced immigration attorneys guide entrepreneurs and families from E-2 visa filings through permanent residence and U.S. citizenship.