Readers ask: E2 Visa Holder What Is My Immigration Status?

The E2 visa is a non-immigrant visa which prohibits the visa holder from having an intent to immigrate to the United States at the time the Visa is issued or used for entry.

What is E2 immigration status?

The E-2 (E2) Treaty Investors visa is a nonimmigrant visa for certain nationals of countries with which the United States maintains a treaty of commerce and navigation. The “develop and direct requirement” is usually satisfied by the investor showing that he or she controls at least 50% of the enterprise.

Can you adjust status from E2 visa?

If you wish to adjust status from E-2 to permanent residence while in the U.S., you must be willing to waive, or give up, these rights under the trade agreement. To do this, you will need to file Form I-508, Waiver of Rights, Privileges, Exemptions and Immunities, along with your adjustment application.

Is E2 a dual intent visa?

The E-2 is a dual intent visa. However, immigration law prohibits E-2 nonimmigrants from applying through the adjustment of status process without waiving certain legal rights provided in the trade agreement.

Can you get a green card through E2 visa?

Green Card application process E-2 visa holders however can only apply for a US Green Card from overseas unless they are willing to waive certain rights granted to them under the relevant E2 treaty. Visa holders are advised to take professional guidance on the implications which affect areas such as tax.

Are E2 visa holders resident aliens?

In the United States, whether you are a citizen, immigrant, or nonimmigrant, as long as you earn an income in the country, you are subject to taxation. Therefore, you have to pay taxes as an E-2 visa holder. They are, for tax purposes: resident and nonresident aliens.

How do I maintain my E2 visa status?

E2 visa extensions are granted in increments of 2 years. In order to file for an extension of stay, you must submit: Form I-129, Petition for Non-immigrant Worker. Form I-539, Application to Extend or Change Non -immigrant Status.

How do I convert my E2 visa to green card?

In order to go from an E2 visa to green card, you must apply for and get approved for an immigrant classification. Some of the immigrant visa classifications you should consider are: the EB-5 visa; a company sponsorship; EB1A; National Interest Waiver; and a marriage-based green card.

Can I buy a house with E2 visa?

Can I buy a house or other real estate property in the U.S. and get an E-2 Visa? No. The business must be an “active” business. Passive investments like real-estate or investments into stock market does not qualify for E-2.

Can you have 2 immigration cases?

An immigrant can have multiple petitions filed for them. In fact, it is often a smart move to have different relatives file visa petitions to immigrate the same person.

Can E2 visa holder work for another company?

An E-2 visa holder is permitted to either partially or fully own other companies. You do not need another visa to own another company, but you cannot work at the company.

Can an E2 visa be transferred?

It can be transferred The treaty trader, investor, or enterprise must notify USCIS by filing a new Form I-129 with fee, and may simultaneously request an extension of stay for the treaty trader or affected employee.

How does EB2 Visa work?

The EB2 visa is the second preference employment-based green card category that grants US permanent residency to foreign nationals with advanced degrees or exceptional ability. Eligible persons for EB2 immigrant visa include those who: Hold an advanced degree or its equivalent; or.

How long does it take to get green card after E2 visa?

You can adjust your status simply by filing an I-485 form with the USCIS, paying the fee, and waiting an average of six months for your status to be adjusted from E-2 nonimmigrant to your green card immigrant status. Premium processing is not available for the I-485.

Which visa leads to green card?

Green cards are only obtained after arrival within the United States. An immigrant visa must be obtained prior to getting a green card.

Who are eligible for green card?

You are eligible under this category if you are an immigrant worker with extraordinary ability in sciences, arts, education, business or athletics; You are a physician who agrees to work full-time in clinical practice for a set period; An immigrant investor who has invested or is actively investing at least $1 million