Can I apply for an E-2 visa with a pending I-526?

The E-2 will most likely not be denied merely because you have filed an immigrant petition but you still have to show an intent to depart upon termination of your status. An applicant for an E visa need not establish intent to proceed to the United States for a specific temporary period of time, nor does an applicant for an E visa need to have a residence in a foreign country which the applicant does not intend to abandon. The alien may sell his or her residence and move all household effects to the United States. The alien&#39s expression of an unequivocal intent to depart the United States upon termination of E status is normally sufficient. An applicant who is the beneficiary of an immigrant visa petition will need to satisfy you that his/her intent is to depart the United States at the end of his/her authorized stay, and not stay in the United States to adjust status or otherwise remain in the United States.

Yes, you can apply for E-2.

A pending I-526 petition demonstrates immigrant intent. E-2 does require a showing of a nonimmigrant intent and a return to your home country upon the termination of E-2 status/closure of E-2 business. Thus you may have issues to obtain E-2 visa. It is not clear why you wish to switch from H-1B to E-2 with a pending I-526 petition at this point. Consult an experienced immigration attorney for more comprehensive guidance.

Yes. You can apply for an E-2 nonimmigrant treaty investor visa as a Grenadian citizen. The fact that you have demonstrated immigrant intent, by filing an EB-5 immigrant visa petition on I-526 could be a negative factor in obtaining an E-2 Non-Immigrant Visa. You would have to show an intent to depart the U.S. upon the completion of your E-2.

You can apply for E-2 if your country is a treaty country.

It would have been better for you to have filed for Grenadian citizenship and then the E-2 visa prior to applying for the EB-5 visa. It may be an issue because of the intent demonstrated by applying for the EB-5 visa. You would have to provide sufficient documentation to show that you have strong ties to your home country, which will also be difficult since you are already in the U.S. You may want to have a private consultation with an immigration attorney for further discussion.

Yes. You actually can. Ideally, it would have been better if you had first filed for the non-immigrant E-2 visa, obtain it and then filed for the EB-5 immigrant visa. That said, if you work with an experienced immigration attorney you should be able to proceed with an E-2 application even now that you already filed your I-526 as part of your EB-5 application, as long as you clearly attest in your application your intent to leave the United States upon conclusion of your E-2 status. The regulations, as stated in 8 CFR 214.2(e)(5), spell out the rule very clearly as follows: non-immigrant intent. An alien classified under section 101(a)(15)(E) of the Act shall maintain an intention to depart the United States upon the expiration or termination of E-1 or E-2 status. However, an application for initial admission, change of status, or extension of stay in E classification may not be denied solely on the basis of an approved request for permanent labor certification or a filed or approved immigrant visa preference petition. Furthermore, according to Foreign Affairs Manual of U.S. Department of State, 9 FAM 402.9-4(C) as long as the alien expresses an unequivocal intent to depart the United States upon the termination of E status, that is normally sufficient to apply for the E visa.

It may, because E-2 specifically requires a statement of non-immigrant intent. In most cases, investors usually process for an E-2 status before processing for EB-5 (in order to avoid this conflict).

Consulates do not recognize E-2 dual intent, but USCIS is more willing to. An E-2 application would need to really show strong ties to the foreign country. Perhaps using the EB-5 delays in I-526 processing and visa availability can work in your favor?

No, an immigrant visa is inconsistent with an E-2.

It should work but must convince them of intent to return if I-526 and immigrant visa aren&#39t granted.