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Questions and Answers > EB-5 Requirements

Can you switch from E-2 visa to EB-5?

I have been working on TN for a few years, next year I will have the 500,000 to invest in a TEA, looking to invest in a franchise. In the meantime, can my spouse on TD apply for E2 with half of that investment and switch to EB5 when we have the full amount? Do we have to leave the US to apply for E2?

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Answers

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    Reza Rahbaran

    Immigration Attorney
    Answered on

    Yes, you may apply for an E-2 visa without leaving the United States. You can also switch to EB-5 from an E-2 if you meet all the requirements.

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    Lei Jiang

    Immigration Attorney
    Answered on

    Yes, you can switch to E2 in U.S. Then later switch to EB-5.

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    Philip H Teplen

    Immigration Attorney
    Answered on

    I suggest that we start the EB-5 with the $250,000 with the business plan to be in the process of investing during the two year period and in the interim, the same money can be used for the E-2 visa to allow both of you to be here and to legally work.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Yes an E-2 may apply for EB-5. There are multiple stages so you will need to maintain E-2 status until the final adjustment to permanent residency or at least until the I-526 is approved and the I-485 can be put on file. We have done this successfully several times. The strategy for your wife should work as well.

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    Shahzad Q Qadri

    RC Creator
    Answered on

    Simple answer is yes. Generally, you can change your status in the US.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    Yes; you can switch from E-2 to EB-5 as long as you meet the minimum capital investment requirements (and other requirements). Furthermore, you can apply for a change of status to E-2, but if you wish to travel outside of the U.S., you will need to apply for and obtain an E-2 visa at the U.S. embassy or consulate in your home country.

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    Ed Beshara

    Immigration Attorney
    Answered on

    You can change stays from a TN or TD to an E-2 status without leaving the U.S. In fact, an experienced EB-5 Attorney can advise you on the correct E-2 legal and financial infrastructure to first obtain the E-2 status then subsequently obtain the EB-5 immigrant status.

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    Stephen Berman

    Immigration Attorney
    Answered on

    You can change status to E-2, without leaving the U.S.. You can file for an investor''s visa as well, EB-5.

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    Anthony Ravani

    Immigration Attorney
    Answered on

    Yes. As long as you work with an attorney that knows about TEA.

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    Karen Weinstock

    Immigration Attorney
    Answered on

    Yes, you can qualify as an E-2 and later on EB-5 out of the same investment/business. You can either file change of status or leave and apply for E-2 in Toronto. You should consult with a good immigration attorney to figure out what will be best in your specific situation.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    The E-2 to EB-5 switch is an acceptable process, but it requires careful planning. Furthermore, depending on your current U.S. Immigration status, you may be able to change status to the E-2. The unique aspects of this process are best served by retaining qualified EB-5 attorneys, like the attorneys at our law firm, who can help you develop a plan to help achieve your goals.