+1-800-997-1228
Questions & Answers

What happens if an EB-5 investor also applies for an E-2 visa?

I filed my I-526 over 20 months ago, but have been told it is still in the queue. Can I apply for an E-2 visa in the meantime while this is being processed? Can I somehow base my E-2 application on the same investment I made for EB-5? Or would this jeopardize my pending EB-5 application?

Answers

  • Avatar

    Ed Beshara

    Immigration Attorney
    Answered on

    To answer your questions, the hiring of an experienced EB-5 immigration attorney is essential. To obtain an E-2 visa, you will be required to have an unequivocal intent to return to your home country after your authorized E-2 status expires. Please note, under certain circumstances an E-2 status can be converted to an EB-5 status.

  • Avatar

    Salvatore Picataggio

    Immigration Attorney
    Answered on

    You may run into challenges, because the E-2 requires nonimmigrant intent (meaning you will leave the United States once the status is complete), and the I-526 is an immigrant petition.

  • Avatar

    Julia Roussinova

    Immigration Attorney
    Answered on

    20 months appears to be outside normal processing times for the I-526, and your attorney should be able to make a service request with USCIS and press for adjudication. It is unlikely that you may base an E-2 on EB-5 investment, unless it was a direct investment case for your I-526 and not investment through a project in a regional center.

  • Avatar

    Echo Meisheng King

    Immigration Attorney
    Answered on

    If you have invested in a direct EB-5 project where your funds are invested in a business that you own, you will be able to use the same funds to qualify for an E-2 investor visa. Your I-526 petition will not be jeopardized by the E-2 application. However, since your filing of an I-526 immigrant petition clearly shows your immigrant intent, your E-2 application can be denied.

  • Avatar

    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    You cannot base E-2 on EB-5 unless it was structured as a direct investment it is unlikely that a regional center case could qualify. An E-2 should not be denied because of an I-526 filing. At 20 months, my guess is you should hear very soon.

  • Avatar

    Jinhee Wilde

    Immigration Attorney
    Answered on

    Because E2 is a nonimmigrant visa, you will have a hard time getting that approved once you have expressed your intention to immigrate by filing the I-526. As 20 months is way beyond the normal processing time for I-526 adjudication, your attorney should be pressing USCIS to expedite your case every month. At least, his inquiries may prompt someone to review the case and issue a RFE if there is any further information needed. Just waiting in a queue without any further information after 20 months is not acceptable.

  • Avatar

    Ian E Scott

    Immigration Attorney
    Answered on

    An E-2 application will not jeopardize your I-526 application, but the E-2 application would likely not be approved. E-2 visas are nonimmigrant visas, so your intent cannot be to stay in the country permanently. As you have a I-526 petition outstanding, the government will conclude that you have permanent intent and would likely deny the E-2 application.

Add your comment

Use a Facebook account to add a comment, subject to Facebook's Terms of Service and Privacy Policy. Your Facebook name, photo & other personal information you make public on Facebook will appear with your comment.