Tanvi Kesari, Author at Colombo & Hurd, PL

16 min read

O-1 Visa to Green Card: Your Transition Roadmap

16 min read

O-1 Visa to Green Card: Your Transition Roadmap

Does the O-1 Visa Lead to a Green Card?
The EB-1A Extraordinary Ability Green Card
The EB-2 National Interest Waiver (NIW)
EB-1A vs. EB-2 NIW
Concurrent Filing
The 90-Day Rule and the May 2025 USCIS Guidance
Timeline: From O-1 to Green Card
Frequently Asked Questions
Work With Colombo & Hurd on Your O-1 to Green Card Petition

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An O-1 visa to green card transition is a common goal for professionals who want to build a long-term future in the United States. While the O-1 recognizes individuals with extraordinary ability, it is a temporary, nonimmigrant visa and does not provide permanent resident status on its own. Obtaining a green card requires a separate immigrant petition under an eligible employment-based category.

There are two common self-petition options for O-1 holders: EB-1A, the Employment-Based First Preference for individuals of extraordinary ability, and EB-2 National Interest Waiver (NIW). Both allow you to self-petition without a job offer from a U.S. employer.

This guide covers both pathways, the filing sequence, what a realistic timeline looks like, and important considerations for O-1 holders, including immigrant intent issues, the Department of State’s 90-day rule, and relevant United States Citizenship and Immigration Services (USCIS) policy guidance.

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Does the O-1 Visa Lead to a Green Card?

The O-1 visa does not, on its own, lead to a green card. It is a temporary classification that authorizes you to work in the United States for a specific employer, sponsor, or agent for the duration of a sponsored project, role, or engagement. If your goal is permanent residence, you’ll need to file a separate immigrant petition.

That said, the O-1 is one of the strongest starting positions for a green card. The O-1A, which covers extraordinary ability in science, education, business, or athletics, and the EB-1A green card apply closely related standards. Much of the evidence you assembled for your O-1A petition will map directly onto an EB-1A filing. Many O-1A holders qualify for the EB-1A on substantially the same record, supplemented by continued achievement during the O-1 period.

Permanent residence is based on an approved immigrant petition, not on O-1 status itself. Your O-1 provides lawful status while you prepare the immigrant petition, file it, and see it through to final adjudication. That process, in most cases, takes several years from start to finish.

Green Card Path: The EB-1A Extraordinary Ability Green Card

The EB-1A is the immigrant visa category most closely aligned with the O-1A. It falls within the employment-based first preference category, and both classifications require sustained national or international acclaim. The evidentiary criteria are nearly identical on paper. For that reason, at Colombo & Hurd, we typically evaluate the EB-1A first when planning an O-1 to green card transition.

The EB-1A offers three procedural strengths that explain its appeal:

It permits self-petition, so you do not need an employer to sponsor you.

It carries no PERM labor certification requirement, which removes a process that can add twelve months or more to other employment-based paths.

EB-1A priority dates remain current for most countries of birth, which allows concurrent filing of the I-485 (Application to Register Permanent Residence or Adjust Status) alongside the I-140 (Immigrant Petition for Alien Workers) in the same window for those applying from within the United States.

When you filed your O-1A, a sponsoring employer vouched for your record alongside your own documentation. The EB-1A is typically self-petitioned, so the documentary evidence carries the entire case without that added layer of employer endorsement. That structural difference shapes how an officer weighs the same exhibits.

Sustained acclaim also takes on added weight at the EB-1A stage. USCIS examines your record, including your continued work in the field and continued recognition for that work. If you spent your O-1 period publishing, judging, presenting, or leading in your industry, you enter the EB-1A with a stronger record than if you simply continued day-to-day employment without adding to your public professional record.

Green Card Path: The EB-2 National Interest Waiver (NIW)

The EB-2 NIW is another self-petition route from O-1 to green card, and it applies when your work has clear national importance. Like the EB-1A, the EB-2 NIW waives the job offer and the PERM labor certification that normally apply to the EB-2 category.

Unlike the O-1 and EB-1A, which turn on your past achievements and acclaim, the EB-2 NIW centers on your “proposed endeavor,” the specific work you intend to continue in the United States. USCIS evaluates these petitions under Matter of Dhanasar, the 2016 Administrative Appeals Office decision that governs every EB-2 NIW petition filed today. Dhanasar established a three-part test, and you carry each part by a preponderance of the evidence:

First, the proposed endeavor must have substantial merit and national importance.

Second, you must be well-positioned to advance that endeavor.

Third, on balance, it must benefit the United States to waive the job offer and labor certification requirements.

The EB-2 NIW is often a strong option for individuals whose work has broader significance beyond a single employer. EB-2 NIW eligibility is not tied to any occupation, but common applicants include researchers, scientists, engineers, technology professionals, public health workers, and clinicians in high-need areas. The petition succeeds when it ties your specific work to a national benefit rather than to one employer’s commercial interest. Athletes and artists can also qualify, provided the petition makes the link between the field’s broader impact and the national interest concrete.

EB-1A vs. EB-2 NIW: Which Path Fits You?

Both EB-1A and EB-2 NIW lead to permanent residence, yet they reward different evidence and suit different profiles. The table below breaks down the key differences so you can see at a glance where your situation fits.

Factor	EB-1A	EB-2 NIW
Standard	Sustained national or international acclaim	Substantial merit, national importance, and well-positioned petitioner
Self-petition	Yes	Yes
PERM labor certification	Not required	Waived
Job offer required	No	No
Priority date (most countries)	Current for most nationalities	Current for most nationalities in 2026
Priority date (India/China)	Multi-year backlog; shorter than EB-2	Multi-year backlog; longer than EB-1A
Filing fees (I-140)	$1,015 standard / $2,965 with premium processing	$1,055 standard / $2,965 with premium processing
I-140 processing (premium)	~15 business days	~45 business days
Best fit for O-1 holders	Researchers, executives, artists, athletes with strong individual acclaim	Scientists, engineers, and public health professionals whose work has systemic national impact

Indicative comparison. Each case is reviewed individually. Fees current as of 2026 and subject to change.

The EB-2 NIW is often the stronger path when your work centers on national importance rather than individual acclaim, such as research with policy impact, infrastructure-relevant engineering, or public health work. Some petitioners qualify under both categories. In those cases, the choice turns on which category produces the stronger evidentiary argument, and which one offers a better priority date for your country of birth.

If you are weighing which petition type gives you the best timeline, our comparison of EB-1A vs. EB-2 NIW is a useful starting point. 

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Concurrent Filing: A Major Strategic Advantage for O-1 Holders

Concurrent filing is one of the most useful procedural options available to O-1 holders, and it is worth understanding clearly. It allows you to pursue permanent residence while maintaining O-1 status in the United States.

The process begins with Form I-140, filed under either the EB-1A or the EB-2 NIW. When a visa number is available for your category and country of birth, you file Form I-485 in the same window rather than waiting for the I-140 to be approved first. Two stages of the green card process move forward at once instead of sequentially.

Your O-1 remains valid throughout adjudication, and you can continue working on your O-1 after filing. The main practical restriction is international travel. Any departure after the I-485 reaches USCIS generally requires an approved advance parole document. Traveling without advance parole will result in the abandonment of your I-485 application.

An approved I-140 establishes your eligibility for the category, but it does not guarantee approval at the I-485 stage. USCIS expects continued work in your field of extraordinary ability for EB-1A cases, and continued work on your stated endeavor for EB-2 NIW cases, through to final adjudication. Staying active in your field throughout the process matters.

The 90-Day Rule and the May 2025 USCIS Guidance

The 90-Day Rule

The 90-day rule comes from the U.S. Department of State’s Foreign Affairs Manual. Under this rule, an officer may question your stated nonimmigrant intent when you act inconsistently with that visa’s purpose within 90 days of entry. Filing for a green card immediatelyafter arriving on a nonimmigrant visa is the textbook example of conduct that draws scrutiny under this rule.

In practice, USCIS treats the O-1 more flexibly. The O-1 is not a formally designated dual-intent visa under the Immigration and Nationality Act, but it occupies a middle category that practitioners sometimes call a quasi-dual-intent visa. Where the case timeline allows, filing the I-485 after the 90-day window closes is the cleaner approach, with documentation that supports the natural evolution of your intent.

The May 2025 USCIS Policy Guidance

A USCIS policy memorandum issued in May 2025 directed officers to treat adjustment of status as a discretionary benefit rather than an automatic one and identified consular immigrant visa processing abroad as the ordinary path. Officers now weigh positive and negative factors at the I-485 stage, including your immigration history, status compliance, and whether your conduct in the United States matched the visa under which you entered.

For O-1 holders, the practical effect is manageable. The memo reaffirmed existing policy rather than changed it, and in practice, O-1 holders with a clean status history and continued work in their field of extraordinary ability have remained on a viable path. An O-1 holder who cannot travel for consular processing, whether due to travel restrictions or other circumstances, has a logical basis to request positive discretionary review, and that argument remains a strong one.

Timeline: From O-1 to Green Card

The realistic timeline depends on your country of birth and the immigrant category you select. The table below lays out the six stages with what happens at each point and indicative timing.

#	Action	What happens	Indicative timing
1	Maintain or extend the O-1	Form I-129 filed by your sponsor; O-1 status secured for the period needed to build the immigrant petition	Days to a few weeks with premium processing
2	Build the immigrant-petition record	Publications, awards, judging roles, media coverage, leadership roles, reference letters, and other field evidence assembled deliberately	Ongoing through the O-1 period
3	File Form I-140	Immigrant petition filed under EB-1A or EB-2 NIW; eligibility for the category established on approval	15 business days for EB-1A or 45 business days for EB-2 NIW with premium processing
4	Track the Visa Bulletin	Wait for a current priority date for your category and country of birth	Often current for most countries; multi-year wait for India and China
5	File Form I-485 or process abroad	Adjust status inside the United States,either concurrently with the I-140 when the priority date is current, or after the I-140 is approved, or pursue an immigrant visa at a U.S. consulate abroad	Varies by route
6	Final adjudication	USCIS weighs positive and negative factors at this stage; continued work in your field strengthens the outcome	Case-by-case timing

Indicative process flow. Actual timing depends on premium-processing elections, country-specific Visa Bulletin status, and USCIS workloads at each stage.

There is no single default route from the I-140 to permanent residence. Which path makes sense depends on your priority date and whether you premium-process the I-140.

If you premium-process the I-140, which the timing above assumes, a response is typically approved within 45 days. In that situation, let the I-140 be approved first, then file the corresponding I-485.

Concurrent filing: submitting the I-485 in the same window as the I-140, before the I-140 is approved, is available only when a visa number is current for your category and country of birth, and it is most useful when you are not premium-processing. For applicants from most countries, EB-1A and EB-2 NIW priority dates remain current in 2026, so concurrent filing is an option that can compress stages three through five into a single window where it suits the case.

If you were born in India or China, concurrent filing is usually not available, because the priority date must be current to file the I-485 at all. Both categories carry significant backlogs for these countries, with EB-2 NIW typically running longer than EB-1A. The realistic path is sequential: the I-140 is approved, you wait for your priority date to become current, and only then do you file the I-485 or pursue an immigrant visa abroad.

The Visa Bulletin, published monthly by the U.S. Department of State, lists the current cutoff dates by category and country. Checking it regularly matters if you are in a backlogged country, because a shift in your priority date determines when you can move from the approved I-140 to the I-485.

Frequently Asked Questions

Can an O-1 visa holder get a green card?

The O-1 visa does not provide a direct green card path by itself, but O-1 holders routinely transition through the EB-1A or the EB-2 NIW, both of which allow self-petition without a job offer from a U.S. employer. Many O-1A holders qualify for the EB-1A on substantially the same evidence used in their O-1A petition.

What is the fastest way to get a green card from an O-1 visa?

Concurrent filing of Form I-140 and Form I-485 is typically the fastest path, available when a visa number is current for your category and country of birth. With premium processing, USCIS adjudicates the I-140 in about 15 business days for EB-1A and 45 business days for EB-2 NIW, though the total timeline still depends on I-485 processing and any country-specific backlogs. However, please note that if the premium processing option is utilized, we do not recommend concurrent filing. Instead, File the I-140 first with premium processing and once the underlying I-140 is approved, then file the corresponding I-485.

How long does it take to go from O-1 to a green card?

The timeline varies widely by category and country of birth. For most countries with an EB-1A petition, total processing typically falls between 12 and 34 months from I-140 filing, depending on USCIS workloads at both the I-140 and I-485 stages. If you were born in India or China, you are looking at a significantly longer wait due to priority date backlogs. As of mid-2026, both countries share a Final Action Date of around March 2023, creating a backlog of approximately over three years for India and 2–3 years for China on top of normal processing time, bringing realistic total timelines to 5–7 years or more.

What is the 90-day rule for O-1 visa holders?

The 90-day rule is a Department of State guideline that permits officers to question your nonimmigrant intent if you file a green card within 90 days of your last entry. USCIS treats the O-1 more flexibly than single-intent visas like the F-1, but careful timing and documentation still matter. Filing the I-485 after the 90-day window closes is the cleaner approach where the case timeline allows.

Can I keep working while moving from O-1 to a green card?

Your O-1 work authorization continues throughout the transition, and you can keep working for your sponsor while your immigration petition is pending. If you file an I-485 to adjust status, you may also apply for an Employment Authorization Document (EAD), which provides open-market work authorization once approved. International travel during a pending I-485 generally requires advance parole (leaving the country without it can be treated as abandoning the application).

Work With Colombo & Hurd on Your O-1 to Green Card Petition

Colombo & Hurd represents O-1 holders across science, technology, business, the arts, and athletics, and supports them as they transition to permanent residence through EB-1A and EB-2 NIW petitions.

Request a case assessment with our team. We will outline the category, the evidentiary strategy, and the timeline for your situation so you can move forward with a clear plan.

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13 min read

E-2 Visa Requirements in 2026

13 min read

E-2 Visa Requirements in 2026

You Must Be a National of a Treaty Country
Your Investment Must Be Substantial
The Business Must Be Real and Non-Marginal
Your Funds Must Be Committed and at Risk
You Must Develop and Direct the Enterprise
E-2 Visa for Spouses and Dependents
Common Reasons E-2 Applications Are Denied or Receive RFEs
The E-2 Visa Is Renewable, but Nonimmigrant. Plan Accordingly.
Frequently Asked Questions
Discuss Your E-2 Strategy with Colombo & Hurd

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The E-2 Treaty Investor visa allows foreign nationals from treaty countries to live and work in the United States by investing in a U.S. business. It is one of the most flexible nonimmigrant visa options available to entrepreneurs. Unlike the EB-5 immigrant investor program, the E-2 does not require a fixed minimum investment or lead directly to a green card.

The E-2 requires that you are a citizen of a treaty country, invest a substantial amount in a real and non-marginal U.S. business, place those funds at genuine risk, and come to the United States to direct the enterprise. There is no education or extraordinary ability requirement.

Each criterion is evaluated individually. This guide explains the E-2 requirements and the types of evidence officers commonly review during the process.

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You Must Be a National of a Treaty Country

The E-2 visa is only available to nationals of countries that hold a valid treaty of commerce and navigation with the United States.

Eligibility depends on your citizenship, not your country of residence. Over 80 countries currently maintain active E-2 treaties. The U.S. State Department maintains the official list of E-2 treaty countries, which changes periodically. Always confirm your country’s treaty status before filing.

High-Traffic E-2 Treaty Countries

United Kingdom	Germany	Japan	Colombia
Spain	Mexico	Canada	Turkey
Italy	France	South Korea	Australia

Your Investment Must Be Substantial

There is no fixed dollar minimum for the E-2 visa. The investment must be “substantial” relative to the total cost of the business.

Officers apply a proportionality test. A lower-cost business requires a higher percentage of investment. A higher-cost business may meet the standard at a lower percentage. Although United States Citizenship and Immigration Services (USCIS) does not publish a minimum investment amount, attorneys and investors often look to prior case patterns for general guidance.

How the Proportionality Test Works

Total Business Cost	Typical Investment Amount	% of Total Cost	Officer Expectation
$200,000	$150,000+	75% or more	Higher % requiredfor lower-cost businesses
$1,000,000	$300,000–$400,000	30–40%	Lower % accepted when absolute amount is large

The key principle is simple: the investment must be large enough to ensure the business can operate successfully. For a detailed analysis of how officers evaluate investment amounts, see our guide on the E-2 substantial capital requirement.

The Business Must Be Real and Non-Marginal

Your investment must go into a real, operating commercial enterprise. Passive holdings and speculative assets do not meet this standard. Real estate held for appreciation alone is one common example of an ineligible investment.

The business also must not be “marginal.” Under U.S. immigration law, a marginal business is one that generates only enough income to support you and your immediate family.

Some business models face more scrutiny than others. Smaller businesses sometimes receive closer review on the marginality requirement, particularly when projected hiring or revenue is limited. These models are not automatically disqualifying, but they require stronger documentation.

Investors considering a franchise purchase should review the specific advantages and risks that franchise structures carry under E-2 review before committing.

What Passes the Marginality Test

A business passes the test when it demonstrates a clear economic contribution beyond personal income. Strong documentation often includes:

A credible five-year business plan with projected hiring

A revenue model that clearly exceeds basic living expenses

Capital investment large enough that the business plainly generates broader economic value

USCIS looks closely at planned job creation. Hiring U.S. workers is one of the most effective ways to satisfy the marginality requirement.

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Your Funds Must Be Committed and at Risk

The investment cannot be hypothetical. Funds must be irrevocably committed to the enterprise and genuinely at risk of loss.

A partial investment does not qualify, even if you intend to contribute to the rest later. Having a portion of the capital available now and planning to invest the remainder over time does not satisfy the requirement. The full investment must be committed before you file.

Committed capital is not limited to funds deposited into a new startup. The investment can take the form of capital committed to purchasing an existing business or a franchise, provided the funds are irrevocably spent or obligated and genuinely at risk. What matters is that the money is committed to the enterprise and exposed to loss, not the structure of the deal.

Control of Funds

You must show that you own and control the invested funds. USCIS generally expects a clear paper trail showing where the investment funds came from and how they were transferred. Wage statements, tax returns, business sale proceeds, and bank records all serve this purpose.

If you live in a country where formal financial recordkeeping is less common, this step requires extra attention and early preparation. If some records are unavailable, additional supporting evidence may help explain the source of funds.

At Risk of Loss

The funds must be exposed to the risk of business failure. You may use loans or credit to fund the investment. However, those loans cannot be secured by the business assets themselves. The investor, not the business, must have personally committed the funds to the business.

Some investors choose to use escrow arrangements to help demonstrate that the funds are committed while still protecting the investment if the visa is denied. It is a practical way to satisfy the at-risk requirement while protecting the investment if the visa is not approved.

Business Readiness

The business should be operational and ready to launch when you arrive. A signed lease, an active business bank account, a functional website, and purchased supplies all signal genuine intent. Officers want to see that you are prepared to run the business from day one.

You Must Develop and Direct the Enterprise

You must come to the United States to actively manage the business. Officers evaluate this based on your ownership stake, your role within the company, and your professional background.

Owning at least 50% of the business typically satisfies the control requirement. If your ownership is below 50%, you must demonstrate operational control through a managerial or executive role. Officers will want to see an organizational chart, an employment contract or role description, and documentation that your decisions directly affect the direction of the company.

Active direction means day-to-day involvement. Hiring managers to run operations while you remain uninvolved does not meet the standard. Officers assess whether your background, your title, and your proposed responsibilities are consistent with genuine executive or managerial control.

If you are not the principal investor, you must be coming to the U.S. in a supervisory, executive, or highly specialized capacity. “Highly specialized” means your skills are critical to the business and not readily available in the U.S. labor market. General labor roles do not meet this standard.

Helpful evidence may include a detailed job description, a resume that aligns with the proposed role, an organizational chart that shows where decision-making authority sits, and, where relevant, evidence of prior business ownership or management experience.

E-2 Visa for Spouses and Dependents

The E-2 visa extends benefits to your immediate family.

Your spouse receives E-2 dependent status. That status includes unrestricted work authorization in the United States. Your spouse may work for any U.S. employer, not only the E-2 business.

Unmarried children under the age of 21 also receive dependent status and may attend school in the United States.

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Common Reasons E-2 Applications Are Denied or Receive RFEs

Understanding why applications fail is just as important as knowing the requirements. Many Requests for Evidence (RFEs) and denials involve missing or insufficient documentation related to a specific E-2 requirement.

Denial / RFE Trigger	What Officers Find	Document That Addresses It
Investment not substantial	The committed amount does not meet the proportionality standard for the business type and cost	Business valuation, purchase agreement, startup cost breakdown
Source-of-funds documentation gaps	Broken or incomplete paper trail from fund origin to committed investment	Bank records, tax returns, wire transfer records, business sale proceeds
Marginality finding	Business appears designed to support the investor’s living expenses only	Five-year business plan with projected hiring and revenue exceeding living expenses
Insufficient proof of active direction	Limited documentation of role, experience, or ownership structure	Organizational chart, employment contract, resume, ownership records

Colombo & Hurd reviews E-2 applications for these vulnerabilities before filing.

The E-2 Visa Is Renewable, but Nonimmigrant. Plan Accordingly.

The E-2 is a nonimmigrant visa. It does not directly lead to a green card. When you apply, you must demonstrate that you intend to depart the United States when your business activity ends.

The E-2 visa is initially valid for up to five years, depending on your treaty country. It can be renewed indefinitely as long as the qualifying business remains active. There is no cap on the number of renewals.

For investors who want to pursue permanent residency, several indirect pathways are available to E-2 holders and are worth evaluating early. The possibility of losing status if the business closes is one reason long-term planning matters from the start. For a full look at the E-2 visa process from start to finish, including timelines and consular processing, our complete guide covers each stage in detail.

Frequently Asked Questions

Can I buy an existing business instead of starting a new one? 

The E-2 visa accepts both new business formations,purchases of existing companies, and franchise investments. If you are buying an existing business or a franchise, officers will review the purchase price, the business’s financial history, and its current employee count to evaluate substantiality and non-marginality. Franchises are a common E-2 structure, though the specific terms of the franchise agreement and the franchise’s economic model still must meet the sustainability and non-marginality standards.

Do I need a formal business plan? 

A credible five-year business plan is one of the strongest tools for satisfying both the non-marginality and active direction requirements. It should include projected revenue, hiring plans, and a clear operational structure. For new businesses, it is often the primary evidence officers rely on.

What happens to my E-2 status if my business fails? 

Your E-2 status is tied to the active operation of the qualifying business. If the business permanently stops operating, E-2 status will also end. You would need to either file for a new visa category or depart the United States. This is one reason long-term planning matters from the start.

Can I travel outside the U.S. while on an E-2 visa? 

E-2 visa holders can travel internationally. However, extended absences can raise questions about whether you are actively directing the enterprise. As with most visa categories, travelers are inspected upon re-entry to the United States

What is the difference between applying at a consulate and filing for a change of status? 

If you are outside the United States, you apply through a U.S. consulate in your home country. If you are already in the U.S. on a valid visa, you may file for a change of status with USCIS without leaving, but you may need a visa appointment at a U.S. Embassy or Consulate before you leave the U.S. so you may re-enter in E-2 status. The legal standard is the same, but the process, timeline, and documentation requirements differ. See our complete E-2 visa guide for a full explanation of both paths.

How long does the E-2 visa last, and can it be renewed? 

The initial validity period depends on your treaty country, up to five years in most cases. The visa can be renewed indefinitely as long as the qualifying business remains active. There is no cap on the number of renewals. For details on what the renewal process requires, see our guide on E-2 visa extension requirements.

Can an E-2 visa holder pursue a green card? 

E-2 holders can pursue permanent residency through other categories that can benefit from an E-2 process, such as an EB-2 NIW, or EB-5 Immigrant Investment, while maintaining E-2 status. Our article on whether an E-2 visa holder can apply for a green card walks through each available pathway.

Discuss Your E-2 Strategy with Colombo & Hurd

Preparing a strong E-2 case involves more than making an investment. Applicants must clearly document the business structure, the lawful source of funds, ownership records, and the operational viability of the company.

Colombo & Hurd has represented E-2 investors from dozens of treaty countries. Our attorneys have obtained E-2 approvals through U.S. consulates across North America, South America, Europe, Africa, Asia, and the Middle East. We work with investors at every stage: initial business structuring, source-of-funds documentation, business plan preparation, and full application review before filing.

If you are considering the E-2 visa, you can request a free evaluation with Colombo & Hurd to review your investment structure, business goals, and available immigration options.

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12 min read

E-2 Visa for Australian Investors

12 min read

E-2 Visa for Australian Investors

E-2 Visa Requirements for Australian Nationals
E-2 Visa Duration: What Australian Nationals Need to Know
Applying Through U.S. Consulates in Australia
The DS-156E: The Form Specific to E Visa Applicants
Step-by-Step Application Process
Required Documentation
Bringing Your Family to the United States
Does the E-2 Visa Lead to a Green Card?
Frequently Asked Questions
Work With Colombo & Hurd on Your E-2 Application

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Australian citizens who plan to invest in and actively manage a U.S. business can apply for the E-2 Treaty Investor Visa through U.S. consulates in Sydney, Melbourne, or Perth. The E-2 is available to Australian nationals under the U.S.-Australia Free Trade Agreement, which also creates some Australia-specific terms worth understanding before you apply, including a two-year visa validity that differs from what most other treaty countries receive.

This page covers the E-2 eligibility requirements, what the two-year visa term means in practice, how the consulate application process works in Australia, and what documentation you will need to submit.

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E-2 Visa Requirements for Australian Nationals

The E-2 visa has five independently reviewed requirements. Each requirement must be met on its own terms.

Australian Citizenship

The applicant must hold Australian citizenship at the time of application. Permanent residents of Australia who are not citizens cannot use Australian residency as the basis for an E-2 application. Eligibility is tied to citizenship, not geography. At least 50% of the investing business must be owned by Australian nationals or nationals of other E-2 treaty countries.

Substantial Investment

The investment must be real, committed, and at risk. Funds that have already been deployed into a genuine U.S. enterprise satisfy this requirement. An escrow arrangement, in which funds are committed and held pending visa approval, is also a recognized and accepted structure for Australian investors in start-up cases.

There is no fixed statutory minimum. The investment must be substantial relative to the total cost of the business. In practice, E-2 investments typically begin at around $100,000, though the right figure varies significantly by industry and business type.

For a full breakdown of what constitutes a substantial investment, see E-2 Visa Investment Requirements.

Active Direction and Development

The applicant must enter the United States to develop and direct the enterprise. Passive investment does not satisfy the E-2 standard. The applicant must hold at least 50% ownership or exercise operational control through a documented executive or managerial role.

Non-Marginal Business

The business must demonstrate a realistic capacity to generate more income than is needed to support the investor’s household. A business whose revenue only covers the investor’s personal living costs is considered marginal under E-2 adjudication standards. The business plan must reflect genuine economic contribution, which typically means a credible path to hiring U.S. employees.

For an in-depth understanding of the E-2 Visa, read our complete guide here.

E-2 Visa Duration: What Australian Nationals Need to Know

Australian nationals receive a two-year, multiple-entry E-2 visa, in contrast to many treaty countries that receive a five-year E-2 visa stamp. The difference is set by the terms of the U.S.-Australia Free Trade Agreement and has no bearing on eligibility, investment requirements, or the strength of an application.

The two-year figure refers to the visa stamp validity. Each entry into the United States grants a fresh two-year period of authorized stay, recorded on Form I-94, the Arrival/Departure Record. The I-94 date is the controlling document for how long you may remain in the country. The visa stamp expiration date and the I-94 date are two separate things. An investor whose I-94 has expired is out of status, regardless of what the visa stamp shows.

The E-2 visa can be renewed without limit. Renewal applications are filed through the applicable U.S. consulate in Australia each time the stamp expires, provided the business remains operational and the investment remains active. For renewal requirements, see E-2 Visa Extension Requirements.

Key advice: Track your I-94 admission date. That date determines when your authorized stay ends. The shorter stamp validity for Australians does not limit how long you can operate your U.S. business, it simply means you renew more frequently than investors from some other countries.

Applying Through U.S. Consulates in Australia

Australian nationals apply for the E-2 visa through the U.S. consulates in Sydney, Melbourne, or Perth. Which consulate handles your application depends on your state or territory of residence. The U.S. Embassy in Canberra does not process visa applications. Each consulate accepts E-2 applications by email.

Consulate	States and Territories Served	Approx. Processing Window
U.S. Consulate General, Sydney	New South Wales, Queensland, Australian Capital Territory (ACT), Norfolk Island	2 to 4 weeks to receive interview date; interview typically 1 to 2 weeks after notification
U.S. Consulate General, Melbourne	Victoria, Tasmania, South Australia, Northern Territory	4 to 6 weeks from submission to interview
U.S. Consulate General, Perth	Western Australia	Contact consulate for current timeline

Sydney schedules E-2 visa interviews on Thursdays. If your application is submitted to Sydney, plan your availability and travel accordingly. Melbourne does not restrict interviews to a single day of the week.

Both Sydney and Melbourne accept applications electronically. The complete application package, including the DS-160, the DS-156E, the business plan, and all supporting financial documentation, is submitted by email before the interview is scheduled.

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The DS-156E: The Form Specific to E Visa Applicants

Australian E-2 applicants must complete two forms before the consular interview. The DS-160 is the standard U.S. nonimmigrant visa application, completed online. The DS-156E is a supplemental form that applies specifically to E visa applicants, covering the enterprise details, the nature and amount of the investment, and the applicant’s ownership stake and role in the business.

Responses to the DS-156E must be consistent with the business plan and all financial documentation in the package. Inconsistencies between the form and the supporting materials are a common source of difficulty at the interview.

Step-by-Step Application Process

Preparing the case, structuring the investment, and assembling the supporting documentation are all part of the journey. Working with an immigration attorney through this phase helps ensure the application package meets consular standards before anything is submitted.

Australian investors generally move through five stages to apply for an E-2 visa through their assigned U.S. consulate. The first stages are preparatory: establishing the business, committing the capital, and completing the forms, and the investment must be in place before the package is filed. The later stages are the application itself: compiling the package, submitting it to the consulate, and attending the interview.

Establish the U.S. business entity. Incorporate the business in the chosen U.S. state, obtain the required licenses and permits, open a U.S. business bank account, and commit the investment capital. If you are using an escrow arrangement, confirm the structure meets E-2 standards before submitting.

Complete the DS-160 and DS-156E. Fill out both forms accurately. All financial figures on the DS-156E must match the documentation in your application package. Inconsistencies between the two create problems at the interview stage.

Compile the full application package. Assemble the business plan, financial evidence, entity documents, and personal documentation. The package is submitted by email to your assigned consulate.

Submit to the consulate and wait for an interview invitation. Sydney typically responds within 2 to 4 weeks with an interview date. Melbourne typically takes 4 to 6 weeks. Perth applicants should contact the consulate directly for current timelines.

Attend the consular interview. The consular officer will review the business plan, the investment, the source of funds, and your operational role in the enterprise. Bring the complete documentation set.

Required Documentation

The following documents are required for an E-2 application at a U.S. consulate in Australia.

Business Documentation

Detailed business plan with five-year financial projections

Articles of incorporation or LLC formation documents

Operating agreements and partnership documents

Evidence of business registration and licensing

Proof of investment: bank statements, wire transfer records, receipts, or escrow agreement

Personal Documentation

Valid Australian passport

Completed DS-160 nonimmigrant visa application form

Completed DS-156E E visa supplemental form

Professional photographs meeting U.S. Department of State requirements

Evidence of intent to depart the United States when E-2 status ends

Financial Evidence

Bank statements documenting the source of investment funds

Tax returns demonstrating financial capacity

Documentation tracing funds from their lawful source to the U.S. enterprise

Loan agreements or investment documentation, where applicable

Supporting Materials

CV demonstrating relevant business or industry experience

Market research supporting the commercial viability of the business

Lease agreements or property purchase documents

Bringing Your Family to the United States

The spouse and unmarried children under 21 of an approved E-2 investor are eligible to enter the United States as E-2 dependents.

An E-2 spouse receives work authorization as part of the dependent status. No separate work permit application is required. The E-2 spouse may work for any U.S. employer in any occupation. Children may attend U.S. schools and universities at any level.

Does the E-2 Visa Lead to a Green Card?

The E-2 is a nonimmigrant visa. It does not provide a direct path to a green card or permanent resident status. Holding E-2 status does not prevent pursuing permanent residence through a separate pathway at the same time.

Australian investors who have built a substantial U.S. enterprise may explore the EB-2 National Interest Waiver (NIW), which does not require employer sponsorship and is reserved for professionals whose work is in the national interest, or the EB-5 Immigrant Investor Program, which requires a minimum investment of $1,050,000 (or $800,000 in a targeted employment area) and the creation of 10 full-time U.S. jobs.

For a side-by-side comparison of the E-2 and EB-5 programs, see EB-5 vs. E-2 Visa: Comparing U.S. Investment Visa Options.

If permanent residence is part of the long-term plan, the right time to structure for it is before selecting a visa category. The initial choice can affect which pathways remain available later.

Frequently Asked Questions

Can Australian citizens apply for the E-2 visa?

Yes. The U.S.-Australia Free Trade Agreement makes Australian citizens eligible for both the E-2 Treaty Investor Visa and the E-3 Specialty Occupation Visa. The E-2 is for Australians who will invest in and actively manage a U.S. business.

How long is the E-2 visa for Australian citizens?

Australian nationals receive a two-year, multiple-entry E-2 visa. This is shorter than the five-year visa received by nationals of countries including Canada, the United Kingdom, and South Korea. Each entry to the United States grants a two-year period of authorized stay, tracked by the Form I-94 Arrival/Departure Record, not by the visa stamp expiration date. The visa is renewable indefinitely as long as the qualifying business remains active.

Where do Australian nationals apply for the E-2 visa?

Australian nationals apply through U.S. consulates in Australia. The consulate depends on the applicant’s state of residence: Sydney handles New South Wales, Queensland, and the ACT; Melbourne handles Victoria, Tasmania, South Australia, and the Northern Territory; Perth handles Western Australia. Both Sydney and Melbourne accept applications by email. Sydney generally schedules E-2 interviews on Thursdays, with a review timeline of two to four weeks. Melbourne typically takes four to six weeks.

What is the difference between the E-2 and the E-3 visa for Australians?

The E-2 is a treaty investor visa requiring a substantial investment in and active management of a U.S. business. The E-3 is a specialty occupation visa for Australians with a qualifying degree who have a U.S. job offer in a matching professional field. The E-3 is similar to the H-1B but is available only to Australian nationals and has no annual lottery cap. If you are starting or buying a business, the E-2 applies. If a U.S. employer is offering you a professional role, the E-3 may be the more appropriate path.

Does the E-2 visa lead to a green card for Australian investors?

Not directly. The E-2 is a nonimmigrant visa with no built-in path to permanent residence. Australian E-2 holders can pursue parallel green card pathways, including the EB-2 National Interest Waiver, employment-based sponsorship, or the EB-5 Immigrant Investor Program, while maintaining E-2 status.

Work With Colombo & Hurd on Your E-2 Application

Colombo & Hurd represents E-2 applications through the U.S. Consulate in Sydney, Perth, and Melbourne. If you are an Australian investor evaluating a U.S. business opportunity, the right starting point is a direct conversation with our team.

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15 min read

E-2 Visa for UK Investors

15 min read

E-2 Visa for UK Investors

E-2 Visa Eligibility for British Nationals
How Long Is the E-2 Visa Eligible for UK Nationals?
Applying Through the U.S. Consulate in London
How to Apply for an E-2 Visa as a UK National
Required Documentation
Can British E-2 Investors Bring Their Family?
Does the E-2 Visa Lead to a Green Card?
Case Highlights: UK E-2 Approvals
Frequently Asked Questions
Work With Colombo & Hurd on Your E-2 Visa Application

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British nationals are eligible for the E-2 Treaty Investor Visa, which allows entrepreneurs to invest in and run a U.S. business while residing in the United States. The United Kingdom maintains a treaty of commerce and navigation with the United States, and the E-2 visa is one of the most direct routes for UK investors to live and work in the United States through a business they own and operate.

The E-2 visa is a nonimmigrant visa. It does not grant permanent residence. The visa is renewable indefinitely, provided the qualifying investment remains active and the business continues to operate.

This guide covers who is eligible, how the application process works through the U.S. Consulate in London, what the London E-2 Visa Unit’s processing timeline looks like, and what UK nationals need to know before they file.

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E-2 Visa Eligibility for British Nationals

To be approved for an E-2 visa, a British investor must meet five requirements. Each one is reviewed independently by the U.S. Consulate in London.

Citizenship. The applicant must hold British citizenship at the time of application. Eligibility is tied to citizenship, not country of birth. Naturalized British citizens are eligible for the E-2 Treaty Investor Visa regardless of where they were born. At least 50% of the investing business must be owned by UK nationals or nationals of other countries that maintain an E-2 treaty with the United States.

Residence in the United Kingdom. A British applicant must establish residence in UK to qualify for an E-2 visa through the London consulate. Two separate requirements are involved:

First, eligibility itself is tied to the UK. The applicant must hold British citizenship and demonstrate a genuine connection to the United Kingdom as the country through which E-2 treaty eligibility is claimed. Holding a British passport alone does not establish this.

Second, a procedural rule governs where the application must be filed. As of September 6, 2025, the U.S. Department of State requires all nonimmigrant visa applicants, including E-2 applicants, to apply at a U.S. embassy or consulate in their country of nationality or residence. This effectively ended the prior practice of applying as a “third-country national” at a convenient consulate abroad. Applicants relying on residence rather than nationality must be able to demonstrate residence in the country where they apply.

UK nationals who are currently in the United States on another visa type need to address one additional point. The applicant must demonstrate that, at the time the prior visa was issued, the United Kingdom was their primary place of residence. UK nationals who are currently in the United States on another visa may need to provide additional documentation regarding their residence history. An attorney can help determine what evidence is appropriate for your situation. Our attorneys help clients organize and present documentation related to their UK residence history before filing.

Substantial Investment. The investment must be real, active, and at risk in a genuine U.S. enterprise. A signed business plan or a stated intention to invest does not satisfy the requirement. The funds must already be committed.

There is no fixed statutory minimum investment amount. The investment must be substantial relative to the total cost of establishing or acquiring the business. While many E-2 investments for UK nationals begin at around $100,000, the amount required varies significantly by industry and business type.

For a full breakdown of what constitutes a substantial investment, see E-2 Visa Investment Requirements.

Active Direction and Development. The applicant must enter the United States to develop and direct the enterprise. Passive investment does not satisfy the E-2 standard. The applicant must hold at least 50% ownership or maintain operational control through a documented executive or managerial role.

Non-Marginal Business. The business must be capable of generating more income than is needed to support the investor’s household. A business whose revenue only covers the investor’s personal living costs is considered marginal and will not support an E-2 application. This requirement is intended to show that the business has the potential to support growth, create economic activity, and generate income beyond the investor’s basic living expenses.

How Long Is the E-2 Visa Eligible for UK Nationals?

UK nationals typically receive a five-year, multiple-entry E-2 visa. The five-year figure refers to the visa stamp validity, not how long you can stay in the United States.

Each entry into the United States grants a two-year period of authorized stay. The authorized stay period is recorded on Form I-94, the Arrival/Departure Record. The I-94 date controls how long the holder may remain in the country. The visa stamp expiration date and the I-94 date are two separate things. If the I-94 expires, the individual is no longer in valid immigration status, even if the visa stamp has not yet expired.

The E-2 visa can be renewed without limit. Renewal applications are filed through the U.S. Consulate in London each time the five-year visa stamp expires. The two-year I-94 authorized stay period is separate. When the I-94 expires, the investor does not need to return to London. Traveling outside the United States and re-entering on the existing visa stamp resets the authorized stay period, provided the visa stamp remains valid. For renewal requirements, see E-2 Visa Extension Requirements.

Applying Through the U.S. Consulate in London

British nationals apply for the E-2 visa through the U.S. Consulate in London. The London Consulate operates a dedicated E-2 Visa Unit, one of the few U.S. consular posts with a separate processing channel specifically for treaty investor applications. E-2 cases are not processed through the standard nonimmigrant visa queue.

Standard Processing Timeline

The London E-2 Visa Unit reviews complete E-2 applications within 90 working days. The 90-working-day window begins when the complete application package is received by the unit. During the review period, the unit evaluates the full case before scheduling an interview.

When the review is complete, the applicant or the applicant’s legal representative receives an email invitation to schedule a consular interview through the State Department’s online Visa Appointment System.

Scheduling deadline: The interview must be scheduled and completed within 90 calendar days of the invitation. If the interview is not completed within that window, the applicant may be required to resubmit the registration application from the beginning.

Expedited Processing

The 90-working-day review period is a fixed, published standard for the London E-2 Visa Unit. Expedite requests for the initial review phase are generally not available. In circumstances involving a documented urgent business need, the Consulate may consider an expediterequest after the review phase is complete.

Colombo & Hurd has secured E-2 approvals for UK nationals through the London Consulate in as few as five weeks. Outcomes depend on the individual facts of each case, including the completeness of documentation, the strength of the business plan, and the investor’s documented industry experience.

Processing Stage	Timeline
Application submitted to the London E-2 Visa Unit	Day 1
Standard case review period	90 working days
Interview invitation issued	After review is complete
Deadline to schedule and complete the interview	90 calendar days from invitation
Expedited processing (select cases)	As few as 5 weeks

How to Apply for an E-2 Visa as a UK National

Many British investors assume they need to have every detail finalized before they can begin the E-2 process. They think the business must be fully operational, and every business-related decision already made before they can start working on the visa process.

In reality, the process often begins much earlier. Structuring the investment, establishing the business, and assembling the supporting documentation are not steps that happen in the E-2 process. They are the first stages of it, and they are best handled by an attorney from the outset.

British investors generally move through five stages to apply for an E-2 visa through the U.S. Consulate in London. The first stages are preparatory, and the investment must be fully committed before the application is filed.

Establish the U.S. business entity. Incorporate the business in the chosen U.S. state, obtain the required licenses and permits, open a U.S. business bank account, and commit the investment capital. The investment must be in place before filing.

Compile documentation. Assemble all required business, financial, and personal documents. The London E-2 Visa Unit reviews documentation thoroughly. Incomplete packages are one of the most common causes of delays.

Complete the DS-160 form. The DS-160 is the U.S. Department of State’s nonimmigrant visa application form. All responses must be accurate and consistent with the supporting documentation. Errors or omissions can delay processing or result in denial.

Submit the application package to the London E-2 Visa Unit. Once the complete package is submitted, the 90-working-day review period begins.

Attend the consular interview. After the review period, schedule the interview through the Visa Appointment System within the 90-calendar-day invitation window. Bring the full documentation set. The consular officer will review the business plan, the investment details, the source of funds, and the applicant’s role in the enterprise.