By: Joseph Barnett, Esq., Bernard Wolfsdorf, Esq., and Robert Blanco, Esq. 80 countries have treaties with the U.S. that permit foreign nationals to obtain E-2 Treaty Investor visas, which allow an investor or certain key executives permission to work in the U.S. However, the E-2 visa does not lead to a U.S. green card, and minor children can only stay on their parent’s visas until reaching 21 years old. So, the question arises: How may an E-2 Treaty Investor convert his/her nonimmigrant visa to an EB-5 investor green card to allow him/her to remain permanently in the U.S., and after 5 years, apply to be a U.S. citizen. Careful planning and having a detailed strategy is essential to ensure that E-2 investors carefully structure their E-2 business in order to possibly convert the visa into an EB-5 green card. Introduction The E-2 Treaty Investor visa grants nonimmigrant status to nationals of a treaty country (not Brazil, Russia, India, or China) who invest a substantial amount of capital in a U.S. business. Qualified Treaty Investors are issued an E-2 visa valid for up to five years, depending on their country of citizenship and reciprocity. Extensions of stay may be granted in increments of up to two years each, as long […]