E-2 Visa Transfer: How to Transition to a Green Card or H-1B Visa
In the world of U.S. immigration, circumstances can change quickly. A shift in your business, employment, or personal life may affect your nonimmigrant status—or even open the door to permanent residency. For individuals on an E-2 visa, one option is pursuing an E-2 visa transfer, which could allow you to transition to another visa type or a green card.
Understanding the E-2 Visa
The E-2 Treaty Investor visa is designed for nationals of treaty countries who invest substantial capital in a U.S. business. To qualify for this visa, you must:
- Be a citizen of a country that has a treaty of commerce and navigation with the United States.
- Invest or plan to invest a significant amount of capital into a new or existing U.S. enterprise.
- Enter the U.S. for the sole purpose of developing or directing that enterprise.
- Own at least 50% of the business or have operational control through a managerial or executive role.
Importantly, your investment must be in a bona fide enterprise—meaning the business is real, actively trading, and profitable. While there is no fixed dollar threshold for “substantial investment,” the amount must be proportional to the size and nature of the business. For example, investing in a hotel chain requires far more capital than opening a small retail shop.
Citizenship, not residency, is what matters when it comes to treaty eligibility. Even if you live outside your home country, you may still qualify if you hold citizenship from a treaty nation.
Why Consider an E-2 Visa Transfer?
The E-2 visa provides unique advantages:
- No employer sponsorship requirement.
- No strict education prerequisites.
- Indefinite renewals, as long as your enterprise remains active and viable.
However, changes such as selling your business or closing operations may make renewal impossible. In these cases, an E-2 visa transfer—often to an H-1B or green card—becomes an attractive solution.
Transferring E-2 Visa to H-1B
One common path is switching to an H-1B visa, which allows professionals to work in specialty occupations. While the H-1B has benefits, it comes with important limitations:
- Valid for up to six years only (no indefinite renewals).
- Requires employer sponsorship.
- Subject to strict annual caps and a lottery-based selection process.
H-1B Requirements for E-2 Holders:
- A bachelor’s degree (or equivalent work experience—3 years of work = 1 year of education).
- A position classified as a specialty occupation.
- A sponsoring employer who files Form I-129 and secures a Labor Condition Application on your behalf.
H-1B petitions are time-sensitive, typically submitted on April 1 for an October 1 start date. Careful planning is critical to avoid a gap between the expiration of your E-2 visa and the start of H-1B employment, as being “out of status” can have serious consequences.
E-2 Visa Transfer to Green Card
Many E-2 visa holders ultimately pursue green card status for permanent residency. Common employment-based green card categories include:
- EB-5 Investor Visa
- EB-2 National Interest Waiver (NIW)
- EB-2 and EB-3 Employment-Based Green Cards
Once your petition is filed, you must wait for your priority date to become current under the U.S. Department of State’s monthly Visa Bulletin. At that point, you can submit Form I-485 to adjust your status from E-2 to green card holder.
Important Note on Dual Intent
Unlike the H-1B, the E-2 visa is not considered a dual intent visa. This means that when applying for or renewing an E-2 visa, you must demonstrate an intention to return to your home country. If you later pursue a green card, you must file Form I-508 (Request for Waiver of Certain Rights) alongside your adjustment petition. Without this waiver, you cannot transition from E-2 status to permanent residency.
Because this process involves technical legal steps, it is strongly recommended to work with an immigration attorney at Green Card Link to ensure compliance.
Exploring Your Options: E-2 to H-1B or Green Card
Every immigration journey is unique. Whether transitioning from E-2 to H-1B, pursuing permanent residency through the EB-5 investor route, or filing under EB-2/EB-3, understanding your options is essential. With the right preparation, you can secure the immigration path that best fits your professional and personal goals.
Frequently Asked Questions
Can an E-2 visa holder apply for a green card?
Yes. E-2 visa holders can pursue a green card through employment-based categories such as EB-5, EB-2 NIW, or EB-3.
Does the E-2 visa allow dual intent?
No. Unlike the H-1B, the E-2 visa requires applicants to show nonimmigrant intent. However, it is possible to pursue a green card later by filing the necessary waiver.
What is an E-2 visa change of status?
It refers to transitioning from E-2 status to another nonimmigrant or immigrant status, such as H-1B or permanent residency.
How Green Card Link Can Help
Immigration law is complex—especially when your investments and business operations are on the line. At Green Card Link, its immigration attorneys are committed to guiding E-2 visa holders through every step of the transfer process. Whether your goal is an H-1B, a green card, or another immigration solution, our team ensures you take the most efficient and strategic path forward.