Being laid off while on an E-2 visa can feel overwhelming, but it doesn’t have to be the end of your American journey. With the right strategy and quick action, you still have multiple ways to stay legally in the U.S.
Here’s a detailed look at your options:
- Transfer to Another E-2 Employer
If you can find another U.S. company that qualifies as an E-2 treaty enterprise (owned by nationals from your home country), you may be able to transfer your E-2 status.
You’ll need to file a new Form I-129 to update your employment. This is often the fastest option if you want to keep working right away.
- Change to a Different Nonimmigrant Status
If transferring to another E-2 employer isn’t feasible immediately, you may consider switching to a different status:
- B-2 Tourist Visa: A short-term solution that allows you to stay in the U.S. while you explore your next steps. (Remember: you cannot work on a B-2.)
- F-1 Student Visa: If you’re interested in gaining new skills or pursuing education, enrolling full-time can allow you to stay and study.
- O-1 Visa: If you have demonstrated extraordinary ability in your field, you may qualify for an O-1 visa, often used by top professionals, artists, and entrepreneurs.
Each change requires a timely filing before your current status expires or your 60-day grace period ends.
- Start Your Own E-2 Business
If you’re entrepreneurial, starting your own business and applying for a new E-2 investor visa is a smart move.
- Pursue an EB-2 Green Card
Looking for a more permanent solution? The EB-2 green card could be a powerful path forward.
There are two main EB-2 options:
- Traditional EB-2 (Employer-Sponsored): You’ll need a U.S. employer willing to sponsor you through the PERM labor certification process. This usually takes 1–2 years but offers a direct path to a green card.
- EB-2 National Interest Waiver (NIW): This allows you to self-petition without employer sponsorship if you can show that your work substantially benefits the U.S. economy, culture, health, education, or welfare.
Being laid off while on an E-2 visa is a major challenge, but it can also be the beginning of an even bigger opportunity. Whether you transfer to a new employer, launch your own business, shift to a different visa category, or pursue a green card through EB-2, the key is to act decisively and thoughtfully.
At Lefebvre Michel, PLLC, we specialize in helping E-2 visa holders, entrepreneurs, and professionals navigate U.S. immigration law with clarity and confidence. If you are facing a layoff or need help planning your next steps, we’re here to provide personalized, strategic advice tailored to your goals.
Schedule a consultation with us today to secure your future.
Disclaimer
This article is for informational purposes only and does not constitute legal advice. Laws and policies are subject to change, and individual cases may vary. Consult with Lefebvre Michel, PLLC, to discuss your specific situation and receive personalized guidance