While countless foreign nationals get the E-2 nonimmigrant visa every year, thousands more are discouraged due to the reality that there is no clear path to irreversible residency. However, with some creativity, an E-2 financier can acquire permanent residency.
The E-2 Treaty Investor visa is meant for immigrants who are nationals of an E-2 treaty nation. These consist of not just European countries but also the Philippines, Japan, Croatia, Bolivia, and numerous more.
The E-2 is special in many ways. Unlike some other service visa petitions, the United States Citizenship and Immigration Services (USCIS) is not needed to authorize the petition; instead, the Department of State, through their lots of embassies and consulates adjudicates the E-2s. Upon approval of the E-2, the financier, the partner, and kids under 21 are released on E-2 visas which enable them to come to the U.S. for 2 years.
Lots of E-2 financiers strive to develop successful U.S. companies and choose they want to remain. The law does not directly have an opportunity for residency for E-2 investors. As a contrary example, the L-1A intra-company transferee which is likewise a nonimmigrant visa can lead straight to legal irreversible resident status (i.e. a permit) through EB-1C.
Something that many people and even immigration lawyers do not understand is that an E-2 nonimmigrant might be qualified to use for a green card. An E-2 financier may be able to expand their company.
There are other creative ways for an E-2 financier to get residency without making a large investment. It is crucial that if you are considering your choices for getting migration status in the U.S. that you speak about all of your options with a knowledgeable migration attorney.