Visa E2 Holders: How to apply for a Green Card
The E-2 Treaty Investor Visa allows entrepreneurs from treaty countries to start or purchase a U.S. business and take an active role in its management. This non-immigrant visa is typically issued for up to five years and can be renewed indefinitely, as long as the business continues to meet E-2 requirements.
While the E-2 visa offers long-term flexibility, it does not provide a direct path to a green card. For many investors, permanent residency is the next goal, as it offers greater security, mobility, and the ability to live in the United States without ongoing renewals.
So how can an E-2 visa lead to permanent residency? In this guide, we examine the two most practical pathways: the EB-2 National Interest Waiver (NIW) and the EB-5 Immigrant Investor Program, both of which can transform a successful E-2 business into a foundation for a green card.
The E-2 Visa as a Foundation
The E-2 Visa serves as a foundation for many investors seeking long-term residence in the United States through entrepreneurship. To qualify, petitioners must make a substantial investment in a U.S. enterprise and demonstrate that they will develop and direct the business on a day-to-day basis.
U.S. immigration regulations outline several key E-2 visa requirements, emphasizing that the investment must be substantial enough to ensure the investor’s financial commitment and the business’s successful operation. The funds must be lawfully sourced and placed “at risk,” meaning they are subject to partial or total loss if the business fails. Moreover, the investment must be directed toward a real, active enterprise that aims to generate profit rather than a passive or speculative venture. Each of these factors reflects the core principle of the E-2 program: encouraging active, job-creating investment that contributes to the U.S. economy.
Once an E-2 enterprise is established and operates successfully, many investors begin to look ahead. The business they’ve built can often serve as the stepping-stone to permanent residency through programs such as the EB-2 NIW or the EB-5.
Related Content: How Long Does It Take To Obtain An E2 Visa >
Pathway One: EB-2 National Interest Waiver (NIW)
The EB-2 NIW provides E-2 investors with a clear route from temporary to permanent residency by allowing them to self-petition for a green card; no employer, job offer, or labor certification is required. Instead, the investor demonstrates that their work or business activity provides a substantial benefit to the United States.
How Does EB-2 NIW Work?
Under the Matter of Dhanasar decision, USCIS evaluates EB-2 NIW petitions based on three main factors. First, the proposed endeavor must demonstrate substantial merit and national importance. It should provide meaningful value to the United States in areas such as the economy, public health, sustainability, or technology.
Second, the petitioner must be well positioned to advance the endeavor. Their education, professional experience, and proven record, often supported by ongoing E-2 business operations, show that they are capable of achieving tangible results.
Finally, the waiver of the standard job offer and labor certification requirements must clearly benefit the United States. This allows the investor to continue their work without unnecessary delay and in a way that serves the national interest.
To pursue this pathway, the investor files Form I-140 as an EB-2 NIW petitioner with evidence supporting each prong. Once approved, and if a visa number is available, they may proceed with Adjustment of Status (Form I-485) or consular processing for the green card.
Learn more about EB-2 NIW Processing Time (2025): Realistic Timeline & How to Avoid Delays
Why EB-2 NIW is Strategic for E-2 Investors
The EB-2 NIW is a strategic option for E-2 investors who want to move from temporary status to permanent residency while keeping control of their immigration process. One major advantage is self-sponsorship, which allows investors to manage the timing and details of their own petition without needing a U.S. employer. The EB-2 NIW also builds naturally on the success of an existing E-2 business, as proof of job creation, community impact, or innovation can directly support the EB-2 NIW case. Investors who plan ahead can further strengthen their position by structuring their E-2 enterprises in high-impact industries such as healthcare, renewable energy, or technology. This early coordination helps align future eligibility with EB-2 NIW requirements and positions the investor for long-term growth and contribution to the U.S. economy.
Quick Example
An E-2 investor with a healthcare background opens a senior-care facility in the U.S., which addresses the aging population and creates American jobs. That business can serve as the foundation for an EB-2 NIW petition because it aligns with national importance and builds on the investor’s credentials and investment.
Explore more about our EB-2 NIW case studies and success stories here.
Pathway Two: EB-5 Immigrant Investor Program
The EB-5 Immigrant Investor Program provides a well-established, government-approved route to U.S. permanent residency. By making a qualifying investment that creates American jobs, investors can obtain a green card for themselves, their spouse, and their unmarried children under 21.
How does EB-5 work?
Under current U.S. immigration law, the EB-5 program requires a qualifying investment that stimulates the U.S. economy and creates employment for American workers. To qualify, the investor must place capital “at risk” in a new commercial enterprise that meets specific thresholds. The minimum investment amount is $800,000 when the business is located in a Targeted Employment Area (TEA), typically a rural region or one with high unemployment. In all other areas, the required investment increases to $1.05 million.
In addition to the investment requirement, the enterprise must create or preserve at least ten full-time jobs for qualified U.S. workers within two years of the investor’s admission as a conditional permanent resident. These elements ensure that EB-5 investments not only benefit the investor but also contribute meaningfully to U.S. economic growth and employment.
Learn more in our complete guide to the EB-5 Visa.
How an E-2 Business Can Convert to EB-5
For many E-2 visa holders, the EB-5 program becomes a natural next step once their business has proven successful. For example, an investor who initially contributed around $100,000 under the E-2 visa can build on that foundation by adding more capital to reach the EB-5 investment threshold.
The investor may also expand operations, open new locations, or hire additional staff to meet the requirement of ten full-time U.S. jobs. In some cases, investors add new capital to the existing business to show a qualifying total investment. Others may restructure their company into a “new commercial enterprise” if the ownership or model needs adjustment.
As a result, this pathway lets E-2 investors use their active businesses as the foundation for EB-5 eligibility. It creates a smooth and strategic transition toward permanent residency.
Quick Example
An E-2 investor from Europe launches a boutique eco-lodge in Colorado with an initial $150,000 investment and a small local team. As the business grows, the investor reinvests profits and adds capital to reach the $800,000 EB-5 threshold. The expanded eco-lodge now employs more than ten full-time U.S. workers and operates in a Targeted Employment Area, meeting all EB-5 requirements. This allows the investor to transition from an E-2 visa to permanent residency, using the same successful business as the foundation for an EB-5 petition.
Comparing the EB-2 NIW and EB-5 Pathways
Both the EB-2 NIW and the EB-5 Immigrant Investor Program offer E-2 investors viable routes to permanent residency. Each comes with distinct advantages and practical limitations depending on the investor’s background, available capital, and long-term business goals.
The chart below highlights the key differences to help identify which approach may be the better fit for your situation:
| EB-2 National Interest Waiver (EB-2 NIW) | EB-5 Immigrant Investor Program | |
| Type of Pathway | Merit-based / professional contribution | Investment-based / job creation |
| Minimum Investment | No fixed amount required | $800,000/$1.05M |
| Job Creation Requirement | Not required; indirect impact through national benefit | 10 full-time U.S. jobs required |
| Core Evidence | Education, expertise, professional track record, national-level benefit | Lawful source of funds, capital investment, business plan, job creation proof |
| Typical Industries | Healthcare, sustainability, technology, education, public service | Real estate, franchises, manufacturing, |
| Processing Time (2025) | Generally faster | Longer/multiple steps, improving with reforms |
| Cost Level | Moderate (legal + evidence preparation) | High (capital + legal + project fees) |
| Family Benefits | Green card for spouse and unmarried children under 21 | Same |
| Ideal For | Professionals and entrepreneurs with strong credentials and measurable U.S. impact | Investors with available capital seeking a direct investment-to-residency route |
Other Possible Pathways Beyond EB-2 NIW and EB-5
While the EB-2 NIW and EB-5 are the most natural progressions from E-2 status, some investors may qualify for alternative immigration categories based on their professional background or family situation:
EB-1A – Extraordinary Ability: For entrepreneurs, scientists, or professionals who can demonstrate sustained national or international acclaim in their field. Requires strong evidence of recognition, publications, innovation, or leadership.
EB-1C – Multinational Executive or Manager: For E-2 investors who also manage affiliated companies abroad. If the U.S. business grows large enough to qualify as part of a multinational structure, this category can lead directly to a green card.
Family-Based Immigration: Some E-2 investors transition through a U.S. citizen spouse or close family member if eligible.
Employer-Sponsored Options (EB-2/EB-3): If the investor or spouse receives a qualifying U.S. job offer, they can pursue a PERM-based green card through employment sponsorship.
EB-2 with PERM (Standard Path): Different from the EB-2 NIW, this route requires a U.S. employer and a labor-market test but may be viable for professionals whose work doesn’t fit the “national interest” framework.
Current Trends for E-2 Holders
As more E-2 investors explore permanent residency through the EB-2 NIW and EB-5 Immigrant Investor Program, several clear trends have begun to shape the way these cases are planned and approved in 2025. These developments reflect a maturing understanding of how to use the E-2 visa not only as a vehicle for business success but also as a foundation for long-term immigration stability.
Below are five key trends shaping the E-2 landscape in 2025:
Growing Success with EB-2 NIWs
USCIS has become more open to recognizing that entrepreneurial ventures can serve the national interest, particularly in fields such as healthcare, sustainability, technology, and education.
E-2 investors who can demonstrate measurable community or economic benefit through their businesses are increasingly finding success with EB-2 NIW petitions. Learn more about the EB-2 National Interest Waiver (NIW).
Investments Built Around National Priorities
Many E-2 investors are now structuring their businesses around U.S. policy priorities—including renewable energy, senior care, advanced manufacturing, and digital infrastructure.
This alignment not only strengthens commercial viability but also supports eligibility for immigration pathways based on national benefit, such as the EB-2 NIW.
EB-5 Accessibility Changes
The EB-5 Reform and Integrity Act of 2022 continues to expand options for investors by introducing visa set-asides for rural and infrastructure projects and offering priority processing for rural investments.
For E-2 holders who already operate successful U.S. businesses, adding capital to meet EB-5 thresholds is now viewed as a practical and well-defined route to permanent residency. Explore the EB-5 Immigrant Investor Program.
Dual Intent Strategy Awareness
Although the E-2 visa does not allow dual intent, more investors are building long-term immigration roadmaps that account for future green-card filings.
Developing this strategy during the first or second renewal cycle helps avoid conflicts between maintaining E-2 status and pursuing immigrant petitions later.
This proactive planning, aligning the business model, growth plan, and immigration goals, has become a hallmark of responsible E-2 management.
E-2 Spouses Taking a Larger Role
E-2 families are also adapting to policy updates that grant automatic work authorization to spouses.
This flexibility allows families to pursue additional green-card opportunities, such as employer-sponsored EB-2 or EB-3 petitions, while maintaining their primary E-2 business.
Spousal employment options are now seen as a central part of the overall family immigration strategy rather than a secondary benefit.
Compare E-2 and EB-5 Investor Visas.
Choosing the Right Path
Across all these developments, one consistent theme stands out: integration. The E-2 visa should not be viewed as an endpoint but as part of a broader immigration and business plan.
From aligning a business with national priorities to using family work authorization and planning for dual-intent timing, today’s most successful E-2 investors treat immigration strategy as an active and ongoing process.
The EB-2 NIW suits entrepreneurs and professionals whose work clearly advances U.S. interests, especially those already managing successful E-2 businesses with national relevance.
The EB-5 Program fits investors who can meet the capital requirement and prefer a direct, measurable path to permanent residency through job creation.
Early consultation with an immigration attorney is essential to determine which option best fits your timeline, resources, and long-term goals.
