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How can I adjust from an E-2 to an EB-5 visa?

I live in England. If I buy a business in the U.S. with an E-2 visa and we like living in the U.S., can I then apply for an EB-5 visa whilst in the US running the current business on the E-2 visa?

Answers

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    Reza Rahbaran

    Immigration Attorney
    Answered on

    Yes, you may apply for an EB-5 visa while in the United States under an E-2 visa as long as you meet all the requirements for the EB-5 visa.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    Yes, assuming you meet the individual requirements of E-2 and EB-5 (they are not the same), and that you are in a lawful non-immigrant status, i.e., E-2 status, when your I-526 petition is approved.

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    Ed Beshara

    Immigration Attorney
    Answered on

    The situation described definitely needs the services of a qualified U.S.Immigration EB-5 attorney who has substantial experience and expertise in the E-2 and EB-5 visa category. Before you start the process you need to retain the U.S. immigration attorney to assist you and advise on the proper legal and financial infrastructures to allow an E-to visit to form the foundation for a subsequent EB-5 petition. It is essential that the E-2 legal and financial foundation is decided upon early in the process.

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    Olga Karasik

    Immigration Attorney
    Answered on

    Yes, you will be able to convert your E-2 into EB-5 if your investment in business meets all qualifications for EB-5 (amount funds invested, new enterprise, 10 full time jobs). We had successfully processed similar cases in the past. If you have further questions, please do not hesitate to contact our office.

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    Kripa Upadhyay

    Immigration Attorney
    Answered on

    Yes and No! :-) An E-2 visa is not the same thing as an EB-5; hence whilst you can live in the U.S. and continue to work for the E-2 enterprise, you will need to invest an additional $500,000 or $1,000,000 in order to qualify for the EB-5. i.e. you cannot invest $100,000 or more into an E enterprise and then use the revenue generated from the E enterprise to convert the E visa into an EB-5. You can apply for an EB-5 whilst in the U.S. on an E Visa status, but you would be required to invest capital anew in order to proceed. Do keep in mind that the E is essentially a life long visa in that you can continue to renew the E visa as long as the enterprise remains in business and earns more than a marginal income for you and your family. The E does not give you legal permanent residence ("Green Card") or the option of later acquiring U.S. Citizenship, which an EB-5 offers, but you do have the right to live and work in the U.S. for the E enterprise for as long as you want - as long as the underlying E enterprise continues to meet the criteria for the visa.

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    H Glenn Fogle Jr

    Immigration Attorney
    Answered on

    The scenario you put forth is possible. However, there are a lot of variables involved and that may or may not be the best option for you. If you have further questions or want to set up a telephone or Skype consultation, please feel free to contact me directly.

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    Shahzad Q Qadri

    RC Creator
    Answered on

    Yes you can; you will obviously have to make the requisite investment and create the number of jobs needed, but it is certainly doable.

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    Stephen Berman

    Immigration Attorney
    Answered on

    You can either apply to adjust your status to EB5 if you are in the U.S., or have the approval sent to London for consular processing.

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    Daniel P Hanlon

    Immigration Attorney
    Answered on

    Dear Madam/Sir: Yes, this is possible if the investment meets the financial commitment and employment-creation requirements of the EB-5 program. I recommend that you consult directly with an experienced immigration attorney to obtain specific, cogent responses to all of your questions.

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    Michael A Harris

    Immigration Attorney
    Answered on

    You could seek the EB-5 if you have continued to invest your personal income (not retained earnings) into the business; and your business has 10 employees that you created (i.e., above the preexisting threshold of employees that you had before), and can maintain for your 2 year conditional residency. There are many other factors that are important to go over, so you should consult with an immigration attorney about taking the proper steps to ensure compliance with both your E-2 visa and the EB-5 program.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    You could indeed do that, but you would need to make investments totaling $500,000 into the project (providing the project is in a targeted employment area). Our law firm has experience in E-2-to-EB-5 processes, and we believe retaining a firm with this experience is most beneficial.

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