Moving to the United States on an E-2 treaty investor visa is typically a deliberate, long-term decision. Applicants often leave behind established businesses, professional careers, and family routines. Because of this, it is common for E-2 investors to think through multiple future scenarios before applying, including whether permanent residence might be an option if the business succeeds.
However, the E-2 visa is a non-immigrant classification. At the time of visa issuance, admission, or extension, the investor must demonstrate an intent to depart the United States if E-2 status ends.
This requirement reflects the temporary nature of the E-2 classification. At the same time, it does not prevent an investor from considering how their circumstances might evolve over time or from understanding what lawful options could exist if their situation changes.
Before considering how long-term planning fits into the picture, it is helpful to understand the basic structure of the E-2 treaty investor visa.
The E-2 treaty investor visa is available to nationals of countries that maintain a qualifying treaty of commerce and navigation with the United States. To qualify, the investor must make a substantial investment in a bona fide U.S. enterprise that is active and operating. The investment must be at risk and committed to the business, and the enterprise may not be marginal, meaning it must have the present or future capacity to generate more than a minimal living income.
The investor must be entering the United States to develop and direct the enterprise. This is generally shown through majority ownership or, in certain cases, through operational control in a managerial or executive role. These requirements are assessed at the time of application and must continue to be met for the duration of E-2 status.
Because the E-2 is a non-immigrant classification, the investor must also demonstrate an intent to depart the United States if E-2 status ends.
Within this framework, some E-2 investors seek to understand what other immigration classifications may exist under U.S. law if their business, employment, or personal circumstances change over time. These classifications are governed by separate statutes and regulations and are evaluated independently of E-2 eligibility.
U.S. immigration law offers several types of immigrant visas that can lead to permanent residence, depending on a person’s background and situation. These visas are usually grouped as employment-based, family-based, or investment-based, and each has its own rules and limits.
Employment-Based Immigrant Visas
Employment-based immigrant visas are issued under the preference system established by the Immigration and Nationality Act. The employment-based immigrant visa categories most commonly examined by E-2 investors include:
EB-1: First Preference
This category is for people with extraordinary ability in fields like science, arts, education, business, or athletics. It also includes outstanding professors, researchers, and some multinational executives or managers. Some EB-1 options let you apply on your own and do not need a permanent labor certification.
EB-2: Second Preference
The EB-2 category is for professionals with advanced degrees or people with exceptional ability. Usually, you need an employer to sponsor you and a permanent labor certification approved by the U.S. Department of Labor.
An exception exists for the EB-2 National Interest Waiver, which allows self-petitioning where the applicant can demonstrate that waiving the labor certification is in the national interest of the United States.
EB-3: Third Preference
The EB-3 category is for skilled workers, professionals, and other workers. You need a full-time job offer from a U.S. employer and a permanent labor certification. Processing times can vary based on yearly limits and your country of origin.
Each of these categories is reviewed separately from E-2 eligibility and is judged by the rules for that specific type of immigrant visa.
Family-Based Immigrant Visas
Family-based immigrant visas are available to certain relatives of U.S. citizens and lawful permanent residents, as defined by federal law.
Immediate relatives of U.S. citizens include spouses, unmarried children under 21 years of age, and parents of U.S. citizens who are at least 21 years old. These visas are not subject to annual numerical limits.
Other family-based immigrant visas fall under the family preference system and are subject to annual caps. These categories include spouses and unmarried children of lawful permanent residents, as well as certain adult children and siblings of U.S. citizens. Visa availability in these categories is governed by the Department of State Visa Bulletin.
Investment-Based Immigrant Visa
The investment-based immigrant visa is classified as EB-5, the Employment-Based Fifth Preference Immigrant Investor Program.
The EB-5 category requires an investment in a commercial enterprise in the United States and the creation of at least ten full-time jobs for U.S. workers. The minimum investment amount is $800,000 if the enterprise is located in a targeted employment area, or $1,050,000 if it is located outside a targeted employment area, as defined by federal statute.
The EB-5 program is governed by a separate statutory and regulatory framework from the E-2 treaty investor visa. Eligibility is evaluated independently and does not rely on treaty nationality or E-2 classification.
Does Applying for a Green Card Affect E-2 Status?
Applying for a green card or another immigrant visa does not automatically cancel, revoke, or invalidate E-2 status, provided the investor continues to maintain all E-2 requirements.
Federal regulations at Title 8 of the Code of Federal Regulations, section 214.2(e)(5) state that an application for E classification may not be denied solely because the applicant is the beneficiary of an immigrant visa petition or has an approved permanent labor certification. This regulation applies to E-2 treaty investors and governs adjudication of E-2 visas and extensions by U.S. Citizenship and Immigration Services.
At the same time, E-2 classification remains a non-immigrant status. Under 8 CFR 214.2(e), the investor must continue to satisfy all E-2 conditions for the duration of stay. This includes maintaining a qualifying investment, operating a bona fide enterprise, and remaining eligible at the time of each application, admission, or extension.
The U.S. Department of State applies a similar standard at the consular level. The Foreign Affairs Manual at 9 FAM 402.9-6(C)(2) confirms that an E visa applicant may be the beneficiary of an immigrant visa petition, but must still establish intent to depart the United States upon termination of E status at the time of visa issuance.
Taken together, these rules mean that an E-2 investor may pursue permanent residence through a separate immigrant visa process while remaining in E-2 status, as long as E-2 status is continuously maintained and all E-2 eligibility requirements are met whenever they are reviewed.
Sources:
- Code of Federal Regulations. https://www.ecfr.gov/current/title-8/chapter-I/subchapter-B/part-214/section-214.2
- U.S. Department of State – Foreign Affairs Manual. https://fam.state.gov/FAM/09FAM/09FAM040209.html#M402_9_6_C_2
- USCIS. https://www.uscis.gov/working-in-the-united-states/temporary-workers/e-2-treaty-investors
- USCIS. https://www.uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigration-fifth-preference-eb-5
- U.S. Department of State. https://travel.state.gov/content/travel/en/us-visas/employment/treaty-trader-investor-visa-e.html
- USCIS. https://www.uscis.gov/working-in-the-united-states/permanent-workers
- USCIS. https://www.uscis.gov/green-card/green-card-eligibility/green-card-for-family-preference-immigrants