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Unlocking the Green Card Door: Alternative Pathways to Permanent Residence for E-1/E-2 Treaty Traders and Investors
by David H. Nachman, Esq., Ludka Zimovcak, Esq., Snehal Batra, Esq. and Samantha Chasworth, Esq.
Introduction
The E-1 and E-2 visa classifications offer unique pathways for foreign nationals engaged in international trade or investments to reside and work in the United States. However, these visa categories are not directly designed for those seeking permanent residence (green cards). That said, there are alternative routes to obtaining a green card while on E-1 or E-2 status. In this blog post, we will explore these unconventional methods to attain permanent residence for E-1/E-2 visa holders.
Traditional E-1/E-2 Visas: The Basics
Before diving into the advanced strategies for acquiring permanent residency, let's recap what E-1 and E-2 visas entail:
- E-1 Treaty Traders: This visa category is for individuals who are nationals of a country with which the United States has a treaty of commerce. They must carry out substantial trade between the United States and their home country.
- E-2 Treaty Investors: E-2 visas are granted to nationals of treaty countries who make a significant investment in a new or existing U.S. business.
Challenges with Permanent Residence
E-1 and E-2 visas are non-immigrant visas, meaning they don't offer a straightforward pathway to permanent residence. They are temporary and must be renewed periodically. In addition, the applicant's intention must be to depart the U.S. once the terms of the visa have been fulfilled or expired.
Thinking Outside the Box: Alternate Routes to Permanent Residence
1. EB-5 Immigrant Investor Program
If you are already an E-2 investor, then moving to the EB-5 Immigrant Investor Visa could be a natural next step. However, the recent reforms to the EB-5 program via the RIA (Reformed Investor Act) have changed the investment thresholds. As per the new regulations, the required investment amounts might differ from the previous $1.8 million or $900,000 in a targeted employment area. It is imperative to stay updated with the latest requirements, as they can frequently change. A significant benefit of the revamped EB-5 program is the ability to file the adjustment of status simultaneously with the I-526. This allows the investor to remain in the United States while the case is being processed, a valuable advantage for many E-2 visa holders looking for more permanent options.
2. Marriage to a U.S. Citizen
Another route to consider is through marriage to a U.S. citizen. While not a business-related avenue, it’s a legitimate path to permanent residence.
3. Employment-Based Green Cards (EB-1, EB-2, EB-3)
If you are working in a specialized field, you might qualify for employment-based green cards like the EB-1, EB-2, or EB-3. Each category has specific criteria, and it's crucial to consult immigration professionals to evaluate your eligibility.
4. L-1 to EB-1C
If your business has offices both in the U.S. and abroad, you might qualify for an L-1 intracompany transferee visa. The L-1 has an analogous immigrant category, the EB-1C, which is for managers and executives and can lead to permanent residency.
5. Family-Sponsored Green Card
If you have immediate relatives who are U.S. citizens, they can sponsor you for a green card. This category usually has fewer waiting times compared to other family-based categories.
Final Thoughts
While E-1/E-2 visas don't offer a direct route to permanent residence, a little creative strategizing can open up alternative pathways. Consulting with immigration attorneys and experts can provide you with personalized guidance tailored to your situation.
About The Author
David H. Nachman
is one of the Managing Attorneys at the Nachman Phulwani Zimovcak (NPZ) Law Group, P.C., a pre-eminent International Immigration and Nationality Law Firm dedicated to providing a wide array of business and family immigration law services for skilled U.S.-and Canada-bound workers. The Attorneys in our Law Firm assist clients with waivers, marriage cases, citizenship applications, I-130 sponsorship for family, etc.
At NPZ Law Group, our U.S. and Canadian lawyers seek to assist clients with regard to employment
and family immigration issues. 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 don't 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.
Ludka Zimovcak, Esq. is a Managing Attorney at NPZ Law Group, PC. Mrs. Zimovcak's passion for excellence in immigration law derives from her own family's first-hand immigration experiences. She is fully licensed to practice as an Attorney in Slovakia and New York
Snehal Batra, Esq. is Managing Attorney of our Raritan, NJ office at the Nachman Phulwani Zimovcak (NPZ) Law Group, P.C., a pre-eminent International Immigration and Nationality Law Firm dedicated to providing a wide array of business and family immigration law services for skilled U.S.-and Canada-bound workers. Ms. Batra is an Indian-American attorney with a passion for immigration law which derives from being an immigrant herself. Having been born in India and raised in New Jersey, Ms. Batra understands firsthand the many difficulties and challenges that immigrants commonly experience while engaged in the U.S. immigration process. As such, she is eager to help families, businesses and individual immigrants to realize the American dream.
Samantha Chasworth, Esq. is Counsel at the Nachman Phulwani Zimovcak (NPZ) Law Group, P.C., a pre-eminent International Immigration and Nationality Law Firm dedicated to providing a wide array of business and family immigration law services for skilled U.S.-and Canada-bound workers. Ms. Chasworth earned a Juris Doctorate (JD) from the St. John's University School of Law in Queens, New York, where she was an editor on the Journal of Civil Rights and Economic Development and participated in numerous immigration and family law clinics and internships including time at the US-Mexico Border at the Karnes County Civil Detention Center.
