Immigration Guides
There is no single timeline for a marriage green card. The total time is the sum of separate stages, and each stage has its own clock. The most current timing figures are the ones posted on the live USCIS Processing Times tool and, for consular cases, the Department of State’s National Visa Center (NVC) and embassy pages, because those figures change month to month and are estimates, not commitments.
The E-2 visa never converts into a green card on its own. A treaty investor who wants permanent residence must qualify under a separate immigrant category and file a separate petition: EB-5 (immigrant investor, Form I-526 or Form I-526E), EB-2 with a National Interest Waiver (self-petitioned Form I-140), EB-1A extraordinary ability (self-petitioned Form I-140), EB-1C multinational manager or executive (Form I-140 filed by the U.S. company), employer-sponsored EB-2 or EB-3 through labor certification, or a family-based petition such as marriage to a U.S. citizen.
EB-5 concurrent filing lets an investor who is already in the United States file the green card application (Form I-485, Adjustment of Status) at the same time as the investor petition (Form I-526E), or while the I-526E is pending, instead of waiting years for the petition to be approved first.
An approved L-1A petition helps an EB-1C case but does not decide it. The two categories share the one-year-abroad requirement, the qualifying corporate relationship, and the managerial and executive definitions, and neither requires labor certification (PERM). An EB-1C case requires that the U.S. employer must already have been doing business for at least one year on the date the Form I-140 is filed.
In fiscal year 2022, USCIS approved 95.7 percent of the EB-2 national interest waiver petitions it decided. In the first half of fiscal year 2026, it approved 45.5 percent. Denials outnumbered approvals across those two quarters, 6,486 to 5,410.
EB-1A (extraordinary ability) is the harder category to qualify for, and EB-2 NIW (National Interest Waiver) is the more accessible one. In recent Visa Bulletins, EB-1 cutoff dates have been more favorable than EB-2 dates, although visa availability changes monthly by preference category and country of chargeability, so the current bulletin controls.
The 60-day grace period for nonimmigrant workers remains in force today. DHS has submitted a proposed rule that would eliminate it, but that proposal is at an early stage of review, its text has not been made public, and no final rule or effective date exists.
The bottom line first: September 30, 2026 is the last day to file a qualifying Form I-526E petition and receive statutory grandfathering protection under the EB-5 Reform and Integrity Act of 2022 (RIA), which requires USCIS to keep processing a protected petition even if the Regional Center Program later expires. Under section 103(b) of the RIA, the protection covers regional center investor petitions filed on or before that date and carries through to the related removal of conditions petitions (Form I-829).
There is no minimum E-2 investment amount set by statute or regulation. The requirement is that the investment be substantial, and substantiality is measured in proportion to the total cost of the particular business you are buying or building. The $100,000 figure repeated across so many websites is not invented, but it does not mean what it is usually taken to mean.
The short answer: the E-2 is a temporary, renewable nonimmigrant status for treaty country nationals who actively run a U.S. business, with no statutory minimum investment and no path to a green card on its own. The EB-5 is an immigrant petition that can lead to permanent residence for nationals of any country, and it requires at least $800,000 (in a targeted employment area) or $1,050,000, plus the creation of at least 10 full-time jobs.
Recommendation letters serve as the backbone of successful O-1, EB-1, and EB-2 NIW petitions. These letters provide crucial third-party validation of a petitioner’s extraordinary abilities, achievements, and contributions to their field. When crafted strategically and thoughtfully, a strong recommendation letter can significantly strengthen a close or borderline case.
In order to qualify for a chance to submit an H-1B cap-subject petition, you must first be selected through a randomized lottery. The quota for this lottery includes 65,000 slots for standard H-1B petitions, and an additional 20,000 slots for workers with a master’s degree. This lottery process begins with…
As a U.S. immigration lawyer, my clients often ask me how they can get a green card. The answer is that there are many possible ways to get a green card. The best option for you will depend on your particular circumstances. In this guide, I will explain most of…
The EB1 visa is an immigrant visa classification which is broken in to 3 distinct sub-categories: 1. EB1A for people with extraordinary abilities; 2. EB1B for outstanding professors and researchers; and 3. EB1C for multinational managers and executives. If you have any…
The National Interest Waiver, commonly called the NIW, is an employment-based immigrant pathway that does not require a job offer or a labor certification. For professionals whose work benefits the United States broadly rather than a single employer, it can be a meaningful option worth understanding. This article explains what the National Interest Waiver is, the legal standard used to evaluate eligibility, and what the application process generally involves.
Michael Ashoori, Esq.
President of Ashoori Law
I’m a U.S. immigration lawyer and I help families, professionals, investors, and entrepreneurs get visas, green cards, and citizenship to the United States.
Since starting my law firm, I’ve helped thousands of people from all over the world with their immigration needs. I’m very passionate, hard-working, and committed to my clients.
Got a question? Send me an email.