Questions and Answers > Other Eb-5 Questions

Can I apply for an EB-5 Visa while in the US on an E3 Visa?

Can I apply for an EB-5 Visa on an E3 Visa? I am going to by applying for an EB-5 Visa in a Targeted Employment Area (TEA). If the answer is yes, then do I need to leave the country to get my passport stamped?

Answers

• Reza Rahbaran

  Immigration Attorney

  Answered on April 1, 2013

  Yes, as long as you are in current E3 status you can apply for the EB-5 visa in the US. Once approved you may adjust status. For further information please contact Rahbaran & Associates.

• Shahzad Q Qadri

  RC Creator

  Answered on March 22, 2013

  Yes you can, it will be an adjustment of status. The passports are never stamped in the US. However, unlike the E3, you will be issued a temporary greencard so there will be no need to get the passport stamped.

• Lei Jiang

  Immigration Attorney

  Answered on March 22, 2013

  Yes. You can apply EB-5 and do not need to leave U.S. as long as E3 visa is not expired. Best.

• Mona Shah

  Immigration Attorney

  Answered on March 22, 2013

  Yes, if you are in valid status, you can apply for the EB5 while in the US and adjust here in the US, without returning to the consulate. Please be aware that there are accredited investor requirements ( SEC law not immigration law) that would come into play if investing within the US.

• Clem Turner

  Securities Attorney

  Answered on March 21, 2013

  Yes, you can, you can apply for a "change in status" and you do not have to leave the country. You should confer with an immigration attorney about the specifics for your situation.

• Marisa Casablanca

  Immigration Attorney

  Answered on March 21, 2013

  Good afternoon, You may apply for an EB5 visa while you are in the United States in a legal status. The status may be as an E3. We are available if you need further assistance.

• Julia Roussinova

  Immigration Attorney

  Answered on March 21, 2013

  Yes, you may apply for EB-5 visa by filing I-526 petition as long as you remain in E-3 status in the US. Upon approval of I-526 petition, you will be able to adjust your status to a conditional green card holder if you were in E-3 status in the US at the time of filing for a conditional green card. In that case, you are not required to depart the US. Do not hesitate to contact our office, should you have further questions.

• BoBi Ahn

  Immigration Attorney

  Answered on March 20, 2013

  Yes, you may file the EB-5 Immigrant Investor Petition while you are in the U.S. and also choose to apply for adjustment of status upon approval of the Petition while remaining in the U.S.

• Philip H Teplen

  Immigration Attorney

  Answered on March 20, 2013

  You absolutely can apply for EB-5 as an E-3 and do not need to leave the country so long as you stay in lawful status. I will be happy to discuss with you.

• Ed Beshara

  Immigration Attorney

  Answered on March 20, 2013

  First, the answer is yes.As an experienced EB-5 Attorney and as an Australian national I have represented many E3 visa holders. While the investor is in current E-3 status, the investor may file petitions and applications for EB-5 status without need to leave the U.S.

• Daniel A Zeft

  Immigration Attorney

  Answered on March 20, 2013

  Yes, you can proceed with the EB-5 process while in the US in E-3 status.

• Boyd Campbell

  Immigration Attorney

  Answered on March 20, 2013

  Yes; you can apply for an EB-5 visa while in the US on an E3 visa.

• Roberto Ortiz

  Immigration Attorney

  Answered on March 20, 2013

  If you are in the US with an E3 visa, you can apply for the EB-5 while in the US. However, it is important to find out how long do you have your E3 for due to the fact that the application for the EB-5 is taking 9 months to process. I would like to find out more information. Please do not hesitate to contact me. Thank you.

• Karen Weinstock

  Immigration Attorney

  Answered on March 20, 2013

  Yes, you can apply while on an E-3 visa.

• Gregory Romanovsky

  Immigration Attorney

  Answered on March 20, 2013

  Thank you for your email. It''s actually not "an EB-5 visa" you will be applying for. You''ll be applying for permanent resident status (by filing Form I-485 Application for Adjustment of Status after the underlying petition - Form I-526 - is approved). Assuming you''re still in valid non-immigrant status (e.g., E-3) by the time you can file for adjustment of status, you will not need to leave the country to get your green card. I''ll be happy to talk to you in detail about the entire process.

• Christina Corbaci

  Immigration Attorney

  Answered on March 20, 2013

  As long as you remain in status for the entire period spanning up until approval of your I-526 petition and subsequent filing for adjustment of status, you will be able to pursue EB-5 status while in the U.S. If, however, your E-3 status is expiring before your I-526 petition is approved, then you would need to depart the U.S. and then apply for a visa based on the EB-5 approval at the US consulate abroad. I hope this is helpful.

• Fredrick W Voigtmann

  Immigration Attorney

  Answered on March 20, 2013

  Yes; if you are in valid nonimmigrant status when your I-526 immigrant petition is approved by the USCIS, and you are otherwise eligible, you should file for adjustment of status in the United States. There likely will not be any personal interview, and your green card will be mailed to you when the I-485 adjustment of status application is adjudicated and approved by the USCIS (based upon your approved I-526 petition). As a conditional lawful permanent resident, you don?t need a visa stamped in your passport.

• Stephen Berman

  Immigration Attorney

  Answered on March 20, 2013

  You can ''adjust'' status in the U.S. if you are in lawful status.

• Susan Pilcher

  Immigration Attorney

  Answered on March 20, 2013

  Yes, you can apply from within the U.S., and no, you do not need a passport stamp. You will want to consult a qualified immigration attorney to determine whether and to what extent filing the EB-5 may affect your travel plans while the EB-5 paperwork is pending.

• Jinhee Wilde

  Immigration Attorney

  Answered on March 20, 2013

  EB-5 is open to anyone who is an eligible investor under that program. If you are in a valid status and could remain in that status until I-485 could be filed after I-526 is approved, then you do not need to leave the country to get your passport stamped.

• Igor Serbinin

  Immigration Attorney

  Answered on March 20, 2013

  Yes you can. Not you don''t have to leave the country.

• Sufen Hilf

  Immigration Attorney

  Answered on March 20, 2013

  Yes you can. If you have maintained your status by the time if filing for green card, you do not need to leave the country.

• Anthony Ravani

  Immigration Attorney

  Answered on March 20, 2013

  Yes, you can apply for an EB-5 visa while in the US on an E3 visa.