Can E2 Visa Holders Adjust Status for a Green Card in the U.S.?

Added: 2026-05-28

[00:00:00]Have we covered those planning to enter on E2 and then switch to an EB2 NIW soon after?

[00:00:05]Okay, this is the section of the live stream. This is when we're going to be addressing visas that are not necessarily they're not traditionally regarded as dual intent visas, but because of its intricacies, right?

[00:00:20]You know, as far as the E2 visa is concerned, you don't necessarily have a foreign address requirement. You and your entire family can live here. Your kids can go to school. You have a business. Business itself is at risk.

[00:00:32]It's one of the you know, criteria to get the E2 visa.

[00:00:36]So, you've done all that. You've invested all that money. You're invested in the United States of America and your business is doing well. Your kids are, you know, growing up here. US is likely your your new home and you want a permanent residency. Yet, the E2 visa is a non-immigrant visa and traditionally it's not regarded as a dual intent visa.

[00:01:02]Now, here is what I want you to address, Grant DeWire. Is E2 visa, first of all, is E2 visa truly a non-immigrant visa?

[00:01:12]Could it be regarded as, because of the reasons that I just talked about, could it be regarded as a dual intent visa or a visa with a dual intent qualities? And how would somebody who's on an E2 visa be affected by this?

[00:01:28]I I smile.

[00:01:29]Aladdin, you sometimes are are more lawyer than I am. You're good at what you do. Um E2 is not a dual intent visa, you know, by definition. It's not in the list.

[00:01:41]What does it mean when we use that phrase dual intent? It means that it's permissible for the applicant to already be expressing intention to get a green card. The E2, all of these visas, L1, O1, E2, they're all non-immigrant visas, which means they're going to come with an expiration date. Some of them, there's this second permission you get um about being able to be intending for a green card while you have the visa. E2's not one of those. Aladdin, because he's a very persuasive lawyer, talks about the E2 having, I forget your phrase, Aladdin, dual intent qualities or colors or characteristics or something.

[00:02:22]>> I'm I'm not a lawyer. I I just like to, you know, Yeah. I'm a lawyer and I'm not giving legal advice over the internet.

[00:02:29]I'm just sharing thoughts, but um but you make a strong argument and a persuasive lawyer might well argue that the E2 has a lot in common with dual intent visas, as Aladdin points out. Um the E2, there's some sensitivity with Friday's news and the E2.

[00:02:49]Um every E2 applicant generally has to communicate to the consulate where they are applying or to USCIS if they change status in the E2. They have to communicate, I understand this is a temporary visa.

[00:03:05]I maintain connections to my home country and ultimately I probably have a plan to go back there one day at the end of this visa, right? So when that E2 applicant then applies for a green card, there's been a change in their narrative, right? And that's where there's a little bit of risk here with this new uh this news that came out on Friday.

[00:03:28]It's possible an E2 visa holder who then applies for a green card, let's say gets approved, their I-140 gets approved, it's possible the United States government could say, "Hey, we don't love that you entered on the E2 and you may have had secret plans for a green card and we want you to go back and process in your home country." Um it's early to say that and I think there's a lot of strong arguments we could build to avoid that problem. The question that prompted this part of the conversation Aladdin, the gentleman or the woman indicates they've been approved for an NIW.

[00:04:08]Well, NIW stands for National Interest Waiver. And look at those first two words, national interest. One that's even specified in this memo if you want to pull it back up. National interest is a criterion that the government is being instructed to use in determining who gets to adjust status. Is it in the national interest of the United States?

[00:04:32]So, this person has made a compelling argument to the United States, my project is in the national interest of America. Um, that means a lot. That's a hard approval to get. And so, I think they likely will have a strong argument.

[00:04:47]It's in the national interest to keep them here and get this project started.

[00:04:51]All right, Grant. Thank you very much for that. Uh, let me talk a little bit about the E-2 visa and um, and and how this process would sort of like affect those people who are looking to have that. So, yes, E-2 visa as you said, Grant, is non-immigrant visa with those types of qualities. It's it's a bit up in the air and national interest waiver, you know, if you have business here employing people, paying taxes, and your your family's here, you're you're you're sort of like meeting um, a lot of the criteria that's been set on that's been mentioned on the memo. And and and if not, let's uh, go through that memo uh, one more time. It basically says that given the significant privileges granted to lawful lawful you you permanent residence, USCIS reminds its officers that they must consider and weigh all the relevant evidence in the record taking into account the totality of the circumstances to determine whether the alien is suitable for permanent residence and if approval of aliens adjustment of status application is in the best interest of the United States.

[00:05:56]Now, it doesn't necessarily say that just because E-2 is not a technically non-immigrant visa, you cannot do adjustment of status.

[00:06:06]You can adjust your status basically from any visa category, right?

[00:06:11]Adjudicators must weigh all positive and negative factors including family ties, immigration status and history, the applicant's moral character, and any other relevant factor that bears in determining whether the alien warrants a favorable exercise of discretion. So, circle back to the E-2 visa. What are we talking about? Family ties. I got kids here, they're going to school. I've been on this visa 3 years, 4 years. They grew up here. They they they have friends.

[00:06:40]They're in their school session. It's going to be an immense burden for them to sort of like take them back and and do do the concert processing and stay in the country and etc. So, that's one.

[00:06:51]And and the other one, good moral standing. Hey, I've been creating employment for Americans. I've been paying taxes. Is it going to benefit America greatly as you know, you keep me here. I keep on running my business and my business contributing to the society.

[00:07:09]And any other relevant factor, especially if you're talking about the NIW, the national interest waiver. If what you're doing has a lot in common with the US national interest such as senior care business. You're you're you're operating in I don't know, an engineering field, something to do with AI. You're you're contributing to this country greatly and you haven't you know, your immigration status and history is clean. You have a good moral character, then based on what this memo says, my interpretation, and you can interpret this yourself as well, is that you should not necessarily have very big worries. Anything to add there Grant before we move on?

[00:07:53]No, well said.

[00:07:55]Thank you.

[00:07:56]We're going through E2 process. If I owned a second franchise outside our original state, does that make the NIW petition easier? Um up up in the air question.

[00:08:09]Uh Grant, very quickly if you have some words there.

[00:08:13]The NIW is going to be adjudicated based on the evidence within it. So, I don't know that having a second franchise is going to be a good or bad thing. Just be careful not to violate the rules of your E2.

[00:08:26]Got it.

[00:08:27]Um another E2 question here.

[00:08:30]I'm E2 visa applied for EB3 skilled category. Should I apply from inside or consular processing?

[00:08:37]Here we have Okay, this is The moment I see E2 visa and EB3 skilled category, that in itself is a bit um what's the word I'm looking for? This is it's a bit contradictory, right? Um EB3 if if your spouse if you if you're an E2 dependent and then you go and and do the EB3, yeah. But how are you on E2 the principal applicant and doing EB3?

[00:09:06]Unless if I'm misunderstanding that.

[00:09:08]Could it be dependent Grant? What do you think? I think that's a dependent visa.

[00:09:11]Or maybe he's you know, maybe the the commenter is making a career change or something. My only comment here is that last phrase, should I apply from inside or outside? The government's telling you what they think, loud and clear, outside. They want you to go through the consulate. If you're indifferent, then you know, the best way not to upset the government is do it the way they want you to do it.

[00:09:36]Um so yeah, if if it's 50/50 to you, go to the consulate.