How would an Uzbekistan citizen transition from the E-2 visa to EB-5?

Transitioning from E-2 to EB-5 requires some planning and strategy, but it could be beneficial because the E-2 process will take several weeks to a couple of months, while the EB-5 process will take over a year and perhaps much longer. While both the E-2 and EB-5 categories are based upon investment, the requirements are different in some important ways. The E-2 is a nonimmigrant visa and does not really require must job creation (but job creation can help an E-2 by showing that it has the capacity to make a positive economic contribution), but does require at least 50 percent ownership by a treaty national. The EB-5 is an immigrant visa (resulting in lawful permanent residence) and does require the creation of at least 10 full-time jobs for U.S. workers, but it does not have any requirement as to ownership percentage. To transition from E-2 to EB-5, you must first qualify for E-2, enter the United States, and then you must meet the independent EB-5 requirements, after which you could adjust your status in the United States, or you could return to the U.S. embassy or consulate in your home country to complete immigrant visa processing.

You are not eligible for the E-2 visa based on your Uzbekistan passport because Uzbekistan is not an E-2 treaty country with the United States. If you are a citizen or national of another treaty country, then you may explore the E-2 visa option. Otherwise, the EB-5 visa may be a good option for you if you have a legal source of funds from which your investment is derived. The EB-5 visa leads to permanent residence, and you do not need business experience, especially if you consider investing through a project in a regional center where you can be a limited partner, take advantage of indirect job creation, and a lower investment threshold.

You can first obtain an E-2 visa to enter the United States and direct your own U.S. business. Then while you are under legal E-2 status, you can file an EB-5 investor petition either for your own U.S. business or for an EB-5 regional center business. Once the I-526 petition is approved, and if you are maintaining legal E-2 status, you can apply for adjustment to conditional permanent residency status in the United States without leaving the United States.

An E-2 requires less money to initiate a business. EB-5 requires a minimum of $500,000. E-2 will usually be granted in less time than an EB-5 approval which is now over 13 months. The initial amount for an E-2 could be used as part of a future EB-5 investment. The advantages to E-2 are the time and money involved.

Uzbekistan is not an E-2 treaty country so an E-2 visa is not an option (unless you have another passport also). EB-5 does not have country restrictions so this is an option for sure.

Thank you for your question. Applying for E-2 visa first might have some advantages in your situation.

My understanding is that they are two totally different things. EB-2 requires active participation in a direct investment, which generally means you need to live nearby the actual investment. This is why EB-5 is preferred, as you do not have to be actively involved in the management of the business. You generally cannot "move" money from EB-2 to EB-5, so going through EB-5 first would be key. Getting into an investment before 9/30 may be a concern, as the amount of money may go up from $500,000 to $800,000. In looking at investments, be sure to work with both an immigration attorney and a securities attorney to perform due diligence on your potential investment.