Can’t Afford a Green Card Just Yet? How to Obtain Permanent Residency by Transitioning From the E-2 Treaty Investor Visa to EB-5

by Jennifer A. Grady, Esq. and Anthony Mance, Esq.

American Visa (XL)The E-2 treaty investor visa can be a great way for a foreign entrepreneur to open a business and live and work in the United States legally. What’s more, it is relatively affordable in that it only requires a “substantial” capital investment in a bona fide U.S. enterprise (usually in the amount of $100,000 to $250,000). The investor must be seeking to enter the United States solely to develop and direct the investment enterprise. This is established by showing at least 50% ownership of the enterprise or possession of operational control through a managerial position or other corporate device.

The E-2 visa allows the status holder from a treaty country, and his or her family, to come to the United States to open and operate a personal business; the spouse and unmarried children under the age of 21 are able to attend school and work as dependents of the visa. Unfortunately, however, the E-2 treaty investor status does not offer a direct path to Permanent Residence. This means that unless the status holder, or the status holder’s immediate family, has a separate path to Permanent Residence, the visa holder and family will not be able to obtain Permanent Residence status, regardless of how long they maintain their E-2 status. This is further complicated by the fact that the E-2 status is temporary and must be regularly renewed with no guarantee of success.

Furthermore, because the E-2 visa is only available to member of treaty countries, it is not available to everyone. For example, citizens of mainland China, India, Russia, and Brazil are ineligible for the E-2 visa. Continue reading

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