1. The Application for U.S. Green Card While on E Visa As a E-1 oe E-2 visa holder, your spouse and children, unmarried and under the age of 21, can also apply for an E-1 or E-2 visa. If your spouse wants to work in the U.S., he or she will have to apply for a work authorization. The E Visa is a non-immigrant visa, and does not lead to a U.S. Green Card. While it does not lead to a Green Card, the E visa is often approved for a 5-year period. As long as the business is still in operation, you can renew the visa indefinitely. If you qualify for another U.S. Green Card category, such as EB2 NIW (U.S. National Interest Waiver) or EB-5, you can explore the best way to apply for the U.S. Green Card. Changing your E visa to U.S. Green Card allows foreign treaty traders and investors to obtain permanent residence in the United States. The E Visa is a nonimmigrant visa for foreign traders or employees from treaty countries of the United States. The treaty countries maintain a treaty of commerce,  and a U.S. Green Card is a document that enables a foreign citizen to reside indefinitely in the U.S.  Although an E  visa offers no direct path to U.S. Green Card or Citizenship, it may be possible to stay in the United States under E status for years considering there are no limits on the number of extensions one can apply for. But renewing an E visa requires remaining active in trading, which means the E business must be engaged in relevant trade activities. Hence, if someone under E status ceases the trading activities, it is not possible to remain living in the United States. There are 3 immigration pathways for changing an E Visa to U.S. Green Card: The first is through immediate relative and family-based immigration visas where a U.S. citizen or lawful permanent resident sponsors the foreign citizen’s Green Card.  The second is through Employment-based Immigration visas where a U.S. employer petitions a foreign citizen to be employed in the U.S.  The third is through the EB-5 Visa program where the E Visa holder gets a U.S. Green Card through immigrant investment. Navigating the journey from an E visa to a U.S. Green Card can seem daunting, but with the right strategy and understanding of the available pathways, it is achievable. The E visa offers a unique opportunity to live and work in the U.S. while managing a business. However, for those looking to make the United States their permanent home, transitioning to an U.S. Green Card is a natural next step. The following will explore the strategies to facilitate this transition, for you to be well-equipped to navigate the complexities of the U.S. immigration law. 2. Application for a Family-Based U.S. Green Card A more personal avenue to an U.S. Green Card is through family-based immigration, such as marrying a U.S. citizen. This pathway offers a straight forward process to U.S. permanent residency. It underscores the diversity of options available to E visa holders seeking to transition to a U.S. Green Card. Immediate relative and family-based U.S. Green Cards are for foreign spouses, children, fiancées, parents, or siblings of U.S. citizens and Green Card holders. The U.S. citizen or lawful permanent resident petitions the family-based Green Card Visa for the E Visa holder. The following is how you can obtain U.S. Green Card from E Visa through family immigration sponsorship. File Form I-130, Petition for Alien Relative to the U.S. Citizenship and Immigration Services (USCIS). Submit Form I-485, Application to Register Permanent Residence or Adjust Status to obtain a Green Card for those residing in the US. File DS-260, Immigrant Visa Electronic Application for those staying outside the US. For retailed information of family-based U.S. Green Card application, please visit https://www.greencardfamily.com 3. Application for an Employment-Based U.S. Green Card The U.S. employer-sponsored Green Cards are issued to foreign workers who are permanently employed in the United States. There are 3 Employment Green Cards you can apply for from E Visa: The EB-1 Visa is applicable for persons with extraordinary ability (EB-1A), outstanding professors or researchers (EB-1B), and multinational managers or executives (EB-1C). . The EB-2 Visa is granted to professionals with advanced degrees, and persons with exceptional ability, and also persons with a National Interest Waiver (EB2-NIW). The EB-3 Visa is given to skilled workers, professionals, and unskilled workers. For EB-3 Green Card application, it is employment based immigration with Labor Certification. You can attain immigrant status through employment-based immigration in EB-3 category. You may find an employer who is willing to file a Labor Certificate for you with the U.S. Department of Labor. The following are steps to getting a U.S. Green Card from E Visa through employment immigration: 1) Look for a U.S. employer it can sponsor a U.S. Green Card application for employment;   2) Obtain a Labor Certification from the U.S. Department of Labor (DOL). A Labor Certification shows that there are no available qualified U.S. workers for the job.  EB-1 Green Card application and EB2 NIW Green Card application do not need to have a Labor Certification. The self-petitioning without U.S. employer's sponsorship is allowed for persons with EB-1A Extraordinary Ability application and EB2 National Interest Waiver (NIW) application. (3) Submit Form I-140, Immigrant Petition for Alien Worker to the U.S. Citizenship and Immigration Services (USCIS). (4) Fill out Form DS-260, Immigrant Visa Electronic Application if you are outside the United States. Or file Form I-485, Application to Register Permanent Residence if you are in the United States. For retailed information of employment-based U.S. Green Card application, please visit https://www.greencardapply.com 4. Application for an Employment-Based U.S. Green Card through EB2 National Interest Waiver (NIW) You can file an immigration petition through a EB2 National Interest Waiver (NIW). The National Interest Waivers are available to foreign nationals who are seeking work in a profession and who have an advanced degree or equivalent experience, or can prove themselves as aliens of exceptional ability.  One of the most compelling routes to an U.S. Green Card for E visa holders is through the EB2 National Interest Waiver. This option is particularly appealing to entrepreneurs who can demonstrate that their business endeavors serve the U.S. National Interest. The NIW pathway eliminates the need for Labor Certification, offering a streamlined route to U.S. Permanent Residency. Applicants should provide substantial evidence of their business’s positive impact on the U.S. economy, employment, or other areas of national interest.  There are a limited number of options where applicants can self-petition when applying for a U.S. Green Card.  One example of this is to self-petition on the basis of an EB-1A Extraordinary Ability immigrant visa for those with an extraordinary ability in the sciences, arts, education, business, or athletics. There is also the EB2 National Interest Waiver immigrant visa category for those who wish to self-petition. For more information of Green Card application in the NIW category, please see https://greencardapply.com/niw.htm 5. Application for an Employment-Based U.S. Green Card through EB1 Multinational Executive or Manager (EB-1C) The E visa allows foreign nationals to come to the U.S. to develop and direct a business. It is also possible to come to the U.S. as an E employee in an executive, managerial, supervisory or specialized knowledge role. One common question is whether they can transform from a temporary, nonimmigrant visa to a permanent U.S. Green Card.  Some people think that obtaining a particular temporary visa will automatically lead to a U.S. Green Card. For example, some people may think that if you obtain an L-1A visa, you will automatically qualify for an EB-1C Green Card. Although it is a common route for foreign nationals to obtain an L-1A visa and then switch to an EB-1C Green Card, it is a misconception that you must have an L-1A visa before switching to the EB-1C Green Card, or that obtaining an L-1A visa will automatically qualify you for the EB-1C Green Card. The reason that people have the impression that an L-1A visa will lead to an EB-1C Green Card is that the L-1A visa and EB-1C Green Card's requirements are similar. To qualify for an EB-1C Green Card, you must meet the following requirements: In the past 3 years, you must have been employed for at least one year in a managerial or executive capacity by a foreign company; or if you are already in the U.S. working for the U.S. entity on a specific work visa (H-1B, E2, L-1, etc), you must have been employed by the foreign company in the 3 years before coming to the U.S. for at least 1 year in a managerial or executive capacity; The U.S. entity is the same employer or a subsidiary or affiliate of the foreign company; The U.S. entity has been doing business for at least one year; Both the U.S. and the foreign entity are doing business;  this means that both entities provide goods or services for regularly, systematically, and continuously; You are coming to work in the U.S. in a managerial or executive capacity; You have a permanent job offer from the U.S. company. While the E visa can continue to be extended indefinitely, this is not the same as having a U.S. Green Card. If you would like a U.S. Green Card, it may be an idea to try and gain entry as an international executive or manager first under the L1 visa. Otherwise, to obtain a permanent employment based immigrant visa, you will need to be sponsored by an U.S. employer.  It is possible to get an E visa and then change to an EB-1C Green Card, but it also depends on whether the applicant meets all of the EB-1C Green Card requirements. It is possible to apply for the EB-1C Green Card while you are on an E visa, but the ability to do so will ultimately depend on whether you meet the EB-1C requirements.  For more information of Green Card application in the EB-1C category, please see https://www.greencardapply.com/manager.htm 6. Application for U.S. Green Card through Immigrant Investment Another viable pathway is through the EB-5 Investor Visa program, which requires an increased investment in your business. This route is suitable for those who are already operating an E business, and are willing to elevate their investment to meet the EB-5 criteria. The EB-5 visa is an immigrant visa that allows foreign investors to gain permanent residence in the U.S. The EB-5 program requires a minimum investment that creates at least 10 full-time jobs for Americans. The E visa holders do not need to have employer or family sponsorship when applying for the EB-5 visa.  The required investment amount varies, either $800,000 or $1,000,000, depending on the business location. This investment must lead to the creation or preservation of 10 full-time jobs for U.S. workers, showing a direct contribution to the U.S. economy. As an EB-5 visa holder, you can get an initial 2-year conditional U.S. Green Card upon adjustment of status from E visa to EB-5 Green Card. The conditions on your U.S. Green Card can be removed after you become a lawful permanent resident in the U.S. for 10 years.  If you are going to invest $500,000 or more in capital, you may want to consider becoming a U.S. Permanent Resident to better manage your investment in the long term. Fortunately, the E-2 visa is considered a “dual intent” visa, meaning that you can seek U.S. Permanent Residency while under E-2 status. An EB-5 investor Green Card grants permanent residency to a foreign investor that invests either $1,000,000 in any U.S. enterprise or $500,000 in a U.S. enterprise in a rural or underemployed area, and it also grants residency to immediate family. In order to qualify under the EB-5 Green Card category, foreign investors must: • Invest $1 million in either a new or existing U.S. business or commercial enterprise that will create at least 10 full-time U.S. jobs, or • Invest $500,000 in a new or existing U.S. business or commercial enterprise that is in either a rural area or an area with a high unemployment rate, or • Invest in a U.S. government designated Regional Center, and • Prove that the investment will somehow benefit the U.S. economy 7. The Essential Strategies of the Path to a U.S. Green Card for Startup Founders The startup founders often find themselves at the intersection of innovation and the need for navigating complex U.S. immigration pathways. For those looking to secure a Green Card in the United States, understanding the nuances of the process is crucial. Securing a U.S. Green card as a startup founder is a testament to your commitment to innovation and contribution to the U.S. economy. By demonstrating the broad positive impact of your work, garnering interest from U.S. investors and clients, and navigating the timing with alternative visas, you can pave a successful path for your entrepreneurial journey in the United States. The following are 3 indispensable strategies for startup founders aiming to make their mark in the United States, while ensuring their immigration status supports their entrepreneurial journey. 1) Demonstrate Broad Positive Impact The first step for startup founders is to illustrate the broader positive impact of their work. It is not just about the immediate benefits for clients, but showcasing how your venture contributes to industry innovation. This could be through developing patented technologies, contributing to the scientific knowledge base with papers, or speaking at conferences. The goal is to prove that your startup is a beacon of innovation, pushing the boundaries of what’s possible in your industry. 2) Reveive Interest from U.S. Investors and Clients A strong indicator of your startup’s potential and credibility is the interest shown by U.S. investors and clients. Being admitted to reputable incubators or accelerators is a testament to your startup’s value and potential for growth. This external validation is not only a boon for your business, but also strengthens your case for U.S. immigration purposes, demonstrating that your venture has caught the eye of established players in the U.S. market. 3) Plan for Timing and Alternative Visas The journey to obtaining a U.S. Green Card can be lengthy, often taking several years due to backlogs and priority dates. Known for their fast-paced environment, the startups may find this timeline challenging. It is essential to explore quicker alternatives, such as the O-1 or E-2 visas, which allow you to start or continue working in the U.S. while your Green Card process is underway. These alternatives can provide the necessary bridge, ensuring you remain compliant with U.S. immigration laws while pursuing your entrepreneurial goals. for U.S. Green Card application, startups may ultimately consider the EB2 National Interest Waiver Green Card or the EB-5 Green Card.

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