The E visa is a powerful tool for entrepreneurs and professionals from treaty countries to live and work in the United States. While the E-1 (Treaty Trader) and E-2 (Treaty Investor) visas are nonimmigrant classifications, many individuals who enter the U.S. under these categories eventually explore long-term options — including permanent residency. The question many ask is: Can I go from an E visa to a green card?
The answer is yes — but the process requires strategic planning and a clear understanding of the legal options available.
Understanding the E Visa
The E-1 visa allows nationals of treaty countries to come to the U.S. to engage in substantial international trade between their home country and the United States. The E-2 visa, on the other hand, is for individuals who have made a substantial investment in a U.S. business and who are coming to the U.S. to develop and direct that enterprise.
Both visas are tied to the individual’s nationality and require the existence of a treaty between the U.S. and the investor or trader’s home country. They are renewable indefinitely, as long as the treaty relationship remains intact and the business continues to operate and qualify.
However, E visas do not directly lead to a green card. They are not dual intent visas, so visa holders must be careful not to create a perception of intending to immigrate unless they have a well-structured transition plan.
Transitioning from E Visa to Permanent Residency
There are several pathways that E visa holders may consider to obtain a green card:
1. Employment-Based Green Card (EB-1, EB-2, or EB-3)
An E visa holder may qualify for a green card if they receive a qualifying job offer from a U.S. employer willing to sponsor them through the PERM labor certification process. Alternatively, individuals who can demonstrate extraordinary ability (EB-1A), or qualify for a National Interest Waiver (EB-2 NIW), may pursue a self-petition.
Key considerations:
- EB-1: Often used by individuals with a record of significant achievement in business, science, arts, or education.
- EB-2: For professionals with advanced degrees or exceptional ability.
- EB-3: For skilled workers or professionals with at least a bachelor’s degree and job offer.
2. EB-5 Immigrant Investor Program
For investors who are able to commit the required capital (currently $800,000 in a targeted employment area or $1,050,000 otherwise), the EB-5 program offers a direct path to a green card. E-2 investors who have already invested a substantial amount in a U.S. business may be able to reclassify their investment under EB-5 guidelines.
Differences to note:
- The EB-5 investment must be at risk, create at least 10 full-time jobs for U.S. workers, and meet specific USCIS requirements.
- The source and path of funds must be documented thoroughly.
3. Family-Based Green Card
E visa holders who marry a U.S. citizen or have qualifying relatives may pursue a green card through family-based sponsorship. In such cases, adjustment of status may be possible from within the U.S. — but it depends on the applicant’s ability to maintain lawful status and navigate the timing carefully.
Important Cautions
Because the E visa is not dual intent, filing a green card application (or even starting the process) can create complications, especially at visa renewal or reentry. It’s important to take the following steps:
- Consult with legal counsel before making any changes to your status or initiating a green card case.
- Avoid misrepresenting your intent during visa applications or at border inspections.
- Consider switching to a dual intent visa like H-1B or L-1, if eligible, before filing for permanent residence.
Final Thoughts
E visa holders contribute significantly to the U.S. economy by investing in businesses, creating jobs, and expanding trade. While the E visa itself is a nonimmigrant classification, there are several viable strategies to pursue permanent residence — if done thoughtfully and with proper legal guidance.
At NPZ Law Group, we work with treaty investors and their families to assess long-term immigration goals and implement strategies for transitioning to green card status in a compliant and efficient manner.
If you’re an E visa holder thinking about your next step, contact our office to schedule a consultation.
Contact Information
If you or your family members have any questions about how immigration and nationality laws in the United States may affect you, or if you want to access additional information about immigration and nationality laws in the United States or Canada, please do not hesitate to contact the immigration and nationality lawyers at NPZ Law Group. You can reach us by emailing info@visaserve.com or by calling us at 201-670-0006 extension 104. We also invite you to visit our website at www.visaserve.com for more information.