What is the process with an approved direct EB-5 I-526 but with an expiring non immigrant E2 visa? - EB5Investors.com

What is the process with an approved direct EB-5 I-526 but with an expiring non immigrant E2 visa?

My EB-5 direct investor I-526 was just approved and my current non immigrant visa E2 will be expired by January 2022. What is the process now? Do I have to renew E2 or just file AOS and wait for my green card?

Answers

Lynne Feldman

Lynne Feldman

Immigration Attorneys
Answered on

You may want to do both but be sure to file AOS before you are out of status or before your E-2 extension is pending.

F Oliver Yang

F Oliver Yang

Immigration Attorneys
Answered on

You may proceed with direct EB-5 AOS if you are in valid status - as of right now all direct EB-5 cases are current but this is subject to change on a monthly basis. I would consult with an experienced attorney to make sure you do not have any status issue.

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Immigration Attorneys
Answered on

You can file the adjustment now, but you cannot work based on the filing of the adjustment. So you will have to renew the E-2 in order to be able to continue working until the work card that is issued incidental to the filing is approved.

Belma Demirovic Chinchoy

Belma Demirovic Chinchoy

Immigration Attorneys
Answered on

I do not see why you would need to extend the E-2. You should carefully think about AOS as it is taking 2+ years for CSC to process. Evaluate and understand the Consular option.

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