Introduction: The U.S. immigration environment offers various pathways for foreign nationals to engage in commercial activities, and the E-2 visa stands out as a significant avenue. In this blog, we address an intriguing question: Can you start with an E-2 visa and later transition to an EB1C green card?

Understanding the E-2 Visa: The E-2 visa allows foreigners to actively participate in commercial enterprises in the United States. Whether you are an E-2 investor or an employee, there are numerous opportunities to take on roles such as executive, manager, supervisor, or someone with specialized knowledge.

EB-1C Green Card Requirements: Certain requirements must be met to transition from an E-2 visa to an EB1C green card. These include:

  • At least one year of experience in a managerial or executive role at a foreign company within the last three years.

  • Employment at a U.S. entity that must be the same employer or a subsidiary/affiliate of the foreign company.

  • The U.S. entity must have been doing business for at least one year.

  • Regular commercial activities by both U.S. and foreign entities.

  • You must have entered the U.S. to work in a managerial or executive capacity.

  • A permanent job offer from the U.S. company.

Transitioning from E-2 to EB1C: Is It Possible? The answer is yes, but feasibility depends on meeting all EB1C requirements. While it's not unusual for individuals to start with an E-2 visa and then transition to an EB1C, success hinges on carefully navigating certain criteria.

Guidance for Permanent Residency Applicants: For those on a temporary visa in the U.S. seeking permanent residency, open communication with your U.S. employer is crucial. Additionally, seeking guidance from an immigration attorney is advised. Understanding your options and ensuring compliance with EB1C criteria is vital for a smooth transition.

Conclusion: It is indeed possible to transition from an E-2 visa to an EB1C green card, providing a pathway for foreign nationals to secure a more permanent presence in the United States. As you explore these avenues, remember that comprehensive understanding, strategic planning, and professional guidance can make the transition smoother and more successful.

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