How to Transition from an E2 Visa to a Green Card: Options, Timelines & Legal Support

While the E2 visa is an excellent non-immigrant option for entrepreneurs and investors, it generally does not directly lead to permanent residency. Many E2 visa holders eventually seek a long-term solution that allows them and their families to live and work in the U.S. indefinitely—namely, a green card.

In this article, we’ll cover the top pathways to transition from an E2 visa to green card, including employment-based and family-based options. We’ll also explain processing timelines, risks, and how a qualified E2 visa lawyer can guide you at every step.

Can You Get a Green Card from an E2 Visa?

Yes—but not directly. The E2 visa is a non-immigrant visa and does not offer a built-in green card path. However, many E2 investors and their dependents successfully transition to a green card through:

• Employment-based immigration via PERM Labor Certification
  This is by far the most common path we use for E2 visa holders. There are two main PERM-based strategies:
  
  
  1. For E2 business owners or partners: A third-party company (not the E2 business) sponsors the applicant or their spouse for a green card.
     
  2. For employees of the E2 business: The E2 company itself can sponsor the employee through the PERM process, similar to any standard employer-sponsored green card path.
     
     
• Family-based sponsorship
  
• Marriage to a U.S. citizen
  
• Other employment-based immigrant categories (e.g., EB-1, EB-2 NIW, EB-3, EB-5)
  

To move from an E2 visa to a green card, you must either change your immigration status or file an immigrant petition under a new qualifying basis. For most, that qualifying basis is PERM-based employer sponsorship.

Path 1: EB-5 Immigrant Investor Program

The EB-5 visa is the most common investment-based path to permanent residency. It requires:

• $800,000–$1,050,000 investment depending on location
• 10 full-time U.S. jobs created
• Investment into a new commercial enterprise or regional center

For E2 holders already running successful businesses, it’s possible to:

• Use the existing business as the EB-5 enterprise (if it meets job and capital thresholds)
• Supplement E2 investment to meet the EB-5 minimum. (Increase E2 investment to $1,050,000 to file an EB5 application)

‍

Learn more about E2 visa requirements and how to align them with EB-5 eligibility.

Path 2: EB-2 National Interest Waiver (NIW)

Another route is through the EB-2 NIW category, which allows self-petitioning if your work has substantial merit and benefits the U.S. national interest. This path requires:

• Advanced degree or exceptional ability
• Strong evidence of public impact or entrepreneurial innovation

E2 entrepreneurs may qualify by:

• Demonstrating job creation
• Showing community development or economic benefit
• Filing without needing a U.S. employer sponsor

A strategic approach by an experienced E2 visa lawyer is crucial in compiling compelling evidence for USCIS.

Path 3: Family-Based Green Card

If you are married to a U.S. citizen or have close relatives who are U.S. permanent residents or citizens, you may apply for a family-based green card. This process involves:

• Filing Form I-130 (Petition for Alien Relative)
• Adjustment of Status (if already in the U.S.) or Consular Processing

Unlike employment-based routes, family sponsorship typically has fewer business requirements.

Path 4: EB-1C for International Executives (L1 to EB-1C via Re-Structure)

Some E2 investors restructure their business and obtain an E-2 visa, but also meet the requirements for an L1 visa—especially if they manage a branch or affiliate abroad. Even though they obtain an E-2 visa, this opens the door to:

• EB-1C immigrant petition as an executive or multinational manager
• No labor certification required

This strategy is complex and requires long-term planning, often involving a two-stage visa transition. Consult an E2 visa lawyer to evaluate if your profile fits this model.

Do you want to include a link to EB1C?

Important Considerations Before Transitioning

Switching from an E2 visa to green card isn’t without challenges. Consider the following:

• Dual intent issues: E2 is not a dual intent visa; avoid showing immigrant intent too early
• Investment structure: Your current E2 business may not meet EB-5 requirements
• Processing time: EB-based green cards can take 12–36 months depending on category

Understanding your E2 visa processing time and how it overlaps with green card timelines is key to planning your transition.

E2 to Green Card Timeline Overview

How an E2 Visa Lawyer Helps Your Green Card Strategy

Whether you’re adjusting from E2 visa USA to EB-5 or applying for a family green card, legal guidance is vital. A trusted immigration attorney will:

• Assess your best green card pathway
• Reposition your E2 business structure, if needed
• Prepare documentation and letters of support
• Handle I-485 or DS-260 submissions
• Monitor progress and respond to USCIS inquiries

With decades of experience and a high success rate, Kulen Law Firm’s E2 visa lawyer team can help you move toward permanent residency with clarity and confidence.

Final Thoughts

Although the E2 visa does not directly lead to a green card, many investors and employees successfully transition by aligning their business goals with long-term U.S. immigration strategies. Whether through EB-5 investment, PERM sponsorship, EB-1C, or marriage to a U.S. citizen, the key is early planning and legal guidance.

At Kulen Law Firm, we’ve helped E2 clients pursue green cards through multiple successful strategies, including:

• ✅ E-2 employee → green card via PERM through the same company
  
  
• ✅ E-2 business owner → green card via EB-1C multinational executive path
  
  
• ✅ E-2 business owner → green card via PERM from a third-party employer (often through the spouse)
  
  
• ✅ E-2 investor → green card via EB-5 by reinvesting and meeting job creation criteria
  ‍
  

• ‍Learn more about the E2 visa to green card process in our in-depth guide
• Contact a trusted E2 visa lawyer to begin your strategy today