What Is The E-2 Treaty Investor Visa?

The E-2 Treaty Investor Visa is a non-immigrant visa, which enables foreign investors to enter the US for the purpose of directing the operations of an enterprise in which they have invested (or are actively in the process of investing) a substantial amount of capital in the U.S.

 

What Is “Adjustment Of Status”?

“Adjustment of Status” is the process through which an individual who is present in the US on a non-immigrant visa applies for lawful permanent resident status (also known as “a Green Card”). The applicant may remain in the US throughout the process.

 

I Am Currently In The US On An E-2 Treaty Investor Visa. I Qualify for a Green Card Under a Certain Category. May I Adjust Status On The E-2 Visa?

If you are in the US on the E-2 Treaty Investor Visa and believe you are eligible for a Green Card you may apply for adjustment of status, if you waive certain legal rights granted to E-2 visa holders by the E-2 Treaty Investor program, by filing Form I-508 Waiver of Rights, Privileges, Exemptions and Immunities with your application for adjustment of status.

 

What Are The Consequences Of Applying For Adjustment Of Status While In The US On The E-2 Treaty Investor Visa?

When you file Form I-508 Waiver of Rights, Privileges, Exemptions and Immunities, you waive your rights as an E-2 non-immigrant under the Bilateral Treaty of Commerce and Navigation between the US and your country of citizenship, which may affect your tax liability and other benefits under the E-2 Treaty program.

If you are contemplating making an application for adjustment of status, we would advise you to call us in order to seek advice regarding your position and explore the options available to you.

I Am Currently In The US On An E-2 Visa. My E-2 Visa Is Due To Expire Shortly. I Now Qualify For A Green Card Through A Certain Category. How Do I Ensure The Transition Is As Smooth As Possible?

If you are in this position, it is essential to seek legal advice from a US immigration attorney before taking any action. An application of adjustment of status may affect your ability to renew your E-2 visa and your ability to re-enter the US on your existing E-2 visa. If you are in this position, we would advise you to speak to one of our licensed US immigration attorneys in order to discuss the best way to proceed.

I Am Currently In The US On An E-2 Treaty Investor Visa. I Now Qualify For A Green Card. Is There An Alternative To Adjustment Of Status?

Yes. In the majority of cases, an individual eligible to become a US lawful permanent resident could simply apply for the appropriate Immigrant Visa at the US Embassy or Consulate in their country of citizenship. However, if you exit the US on your E-2 Treaty Investor Visa and re-enter the US on an Immigrant Visa, you may lose the rights and benefits acquired under the E-2 Treaty Investor program.

If you believe you may be in this position or wish to seek advice on adjustment of status on the E-2 Treaty Investor visa, we would advise you to contact us, in order to discuss your options.

 

What Is The Best Option: Should I Apply For Adjustment Of Status In The US Or An Immigrant Visa In My Country Of Citizenship?

The best option for you will depend on your own unique circumstances. On the one hand, adjustment of status will allow you to remain in the US while your application is adjudicated, your attorney may be able to attend your interview and there is a right of appeal. On the other hand, an application for an Immigrant Visa at the US Embassy or Consulate in your country of citizenship will not require you to expressly waive your rights under the Bilateral Treaty of Commerce and Navigation between the US and your country of citizenship.

In view of the complexity of this determination, we would advise you to contact us in order to identify the best option for you.

 

Davies Legal Immigration

At Davies Legal Immigration, we offer a “one stop shop” for all aspects of US business immigration. Our team comprises US immigration attorneys, a Master of Business Administration, a Doctor of Business and a Certified Public Accountant. We offer a variety of fixed fee packages tailored to your unique position and offer innovative immigration solutions. Call now to discuss your case with a licensed US immigration attorney and take the first steps towards achieving your own American Dream.

 

Published: 2nd January 2018