There are a few options for obtaining your green card if you have an active E-2 visa. We will discuss the options more in depth below. An eligible relative or business may sponsor applicants seeking legal permanent residence in the US. Upon approval from the USCIS, the applicant can file for permanent resident status.

Can I Obtain a Green Card Through NIW?

Many individuals pursue their green cards through the National Interest Waiver process. This allows the applicant to avoid the lengthy process of obtaining a labor certification from the Department of Labor. If an E-2 visa holder is highly skilled n their area of expertise and can provide sufficient evidence supporting this, they have a good chance of qualifying via this route.

The applicant must prove that their interests and abilities will provide substantial merit and national importance to the US. They must also prove that they are well-equipped to achieve this through a history of proven extraordinary skills and success. They will also need to prove why it is beneficial for the US to waive the requirements of a PERM process and a job offer.

How Can I Get Sponsored Through an Employer for a Green Card?

If an E-2 visa holder has an employer willing to sponsor them for a green card, the first step is for the employer to enter the PERM/Labor Certification process. This process is lengthy in that it requires the employer to prove that they have made significant efforts in filling the job opening through recruiting and advertising efforts to willing and capable US citizens before filling the position with a foreign national. This process can take months up to a year to complete. Once the employer has effectively completed the process, the employer can submit a request for the position to be certified by the Department of Labor.

The employer can then work with the USCIS to provide sufficient evidence that the foreign national is qualified for the available position and that the employer can financially sustain the wages required. Though this process is commonly pursued, it has challenges such as finding an employer willing to sponsor the visa holder and the long wait times to obtain the green card.

Can a Family Member Sponsor Me?

For spouses or parents of US citizens, you may have a relative sponsor you for your green card. Other close family relationships may also be considered for sponsorship. This is a common way for E-2 to obtain their green cards. However, the wait can be much longer than when pursuing other avenues and isn’t as popular as some of the options listed above.

I have worked with clients for years in helping them to obtain their green cards. Call my office at 407-499-5680 to discuss your specific details, and we can formulate a strategy that will make the most sense for you and your situation.