Can You Obtain Citizenship with an E-2 Visa?

By Asim Clinch, Immigration Attorney at Clinch Law Firm

The E-2 visa is a popular option for individuals planning to invest in the United States, but it does not directly grant citizenship. The E-2 visa offers temporary immigrant status that can be renewed indefinitely under certain conditions, but additional steps must be taken to achieve U.S. citizenship. So, how can E-2 visa holders pursue citizenship? Here are the details on this topic.

• The Relationship Between the E-2 Visa and Direct Citizenship
• Potential Paths from an E-2 Visa to Citizenship
• Challenges of Obtaining Citizenship with an E-2 Visa

If you have any other questions about this topic, please don’t hesitate to reach out via the comments section below, send me a direct message on LinkedIn, or contact me through the website of Clinch Law Firm, where I am a co-founder!

The Relationship Between the E-2 Visa and Direct Citizenship

The E-2 visa is a temporary visa category designed for individuals planning to invest in the United States and includes the following features:

• Temporary Status: The E-2 visa allows an investor to live and work in the U.S., but this right is limited in duration. Most E-2 visas are granted for 2 to 5 years and can be renewed as long as specific requirements are met.
• No Green Card (Permanent Resident Status): The E-2 visa does not directly provide a pathway to a Green Card or citizenship. However, E-2 visa holders may consider alternative methods to achieve U.S. citizenship.
• Non-Immigrant Intent: Since the E-2 visa does not serve immigrant purposes, it is only valid during the investment activities in the U.S. Therefore, it does not directly offer a transition to permanent residency (Green Card).

Potential Paths from an E-2 Visa to Citizenship

E-2 visa holders may pursue U.S. citizenship through several strategies. Here are some of the available pathways:

1. Transitioning to a Green Card

While the E-2 visa does not directly grant a Green Card, investors can take steps to start this process:

• EB-5 Investor Visa: Individuals who can make a larger investment may qualify for the EB-5 visa, one of the most direct routes to obtaining a Green Card. The EB-5 visa typically requires an investment of $800,000 to $1,050,000.
• Marriage or Family Sponsorship: Marrying a U.S. citizen or receiving sponsorship through a Green Card-holding family member is another route to citizenship.
• Employment-Based Green Cards: Investors may apply for an employment-based Green Card through sponsorship within the sector they work in with the E-2 visa.

2. Transitioning from a Green Card to Citizenship

Once an E-2 visa holder obtains a Green Card, they can begin the citizenship process. Green Card holders are generally eligible to apply for citizenship after legally residing in the U.S. for five years.

Challenges of Obtaining Citizenship with an E-2 Visa

The transition from an E-2 visa to U.S. citizenship comes with certain challenges:

• No Direct Path: The E-2 visa does not provide a direct transition to a Green Card or citizenship, requiring investors to explore alternative options.
• Sustainability of Investment: To continuously renew the E-2 visa, the business in which the investment is made must remain active, profitable, and sustainable. This requires adapting to changing market conditions and careful business planning.
• Complexity of Alternative Routes: Other pathways to transition from an E-2 visa to a Green Card or citizenship (e.g., family sponsorship or employment-based applications) involve long and detailed processes, which can be challenging for investors.

Conclusion

The journey from an E-2 visa to a Green Card and U.S. citizenship can be complex. At Clinch Law Firm, we are committed to simplifying this process and providing tailored solutions for investors’ needs.

For more information about the E-2 visa and U.S. citizenship, feel free to reach out to us.
To receive professional support, detailed information, and consultation services, contact us at clinchlaw.com, via email at info@clinchlaw.com, or through LinkedIn.

Attorney Asım Kılınç, who solidifies Clinch Law Firm’s leadership in immigration law and U.S. asylum applications, offers reliable and effective legal consultancy services to clients, assisting them in building a new life in the U.S.