Questions and Answers > EB-5 Direct Investments

How can I apply for EB-5 direct investment but without an E2?

As the Regional Center option does not work for me, starting my own EB-5 suitable business may be the best option to get my green card. I have lived in the U.S. in the past and am familiar with the market. 1. Being from a non-E2 treaty country and without having a business partner in the U.S. (but with an active B1/B2 visa), do I have any feasible options to take this path? My concerns are over setting up and operating the business in the U.S. while being mostly overseas waiting for my petition to be approved. 2. Would you advise to opt for the path of buying a "golden" passport from an E2 treaty country, starting a small business in the U.S., and later launching an EB-5 suitable business to secure a green card?

Answers

• Salvatore Picataggio

  Immigration Attorney

  Answered on May 7, 2021

  Starting an EB-5 direct business without an E-2 is definitely possible, but it seems your concern is being able to manage the business while waiting for approval. Unfortunately, a pending I-526 alone will not let you do that in the U.S. (you should be able to manage it from abroad). So, other than having a trustworthy U.S. partner, an E-2 may be the best option, even if it requires obtaining a new passport first. It is all about priorities.

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on May 7, 2021

  You can apply for a Grenada or Turkish passport and then seek an E-2 as a treaty national. However, these can also be tricky since some consulates want you to be resident in that country so make sure whomever is advising has experience since these are often complex cases.

• Lynne Feldman

  Immigration Attorney

  Answered on May 5, 2021

  Yes, you can directly invest in a business to get the EB-5 green card. You would have to brainstorm options with your lawyer for you to be here legally while waiting, including getting citizenship in a country which is allowed to do E-2; another option may be an L-1A and then a multinational manager green card, if you have a business overseas.

• Stephen Berman

  Immigration Attorney

  Answered on May 4, 2021

  There is no prerequisite to have an E-2 visa. You can invest money on a B1/B2 as well as hire an agent to do it for you.

• Fredrick W Voigtmann

  Immigration Attorney

  Answered on May 4, 2021

  If you choose the first option, setting up a business and making an EB-5 direct investment in the United States, you likely will need to hire a U.S.-based manager or have a U.S. partner who can oversee the business operations while you are abroad. If you choose the second option, obtaining citizenship by investment in an E-2 treaty country, like Grenada or Turkey for example, you will be able to manage your E-2 business in the United States while awaiting the lengthy (3-4 year) processing time for your EB-5 case.

• Belma Demirovic Chinchoy

  Immigration Attorney

  Answered on May 4, 2021

  It seems you have done the research and know your options. And what you need is proper advice tailored to you which you cannot get on an online forum. I have clients who have successfully followed each of the paths you mention but they worked for them for different reasons. Put some value on your time and consult with a lawyer.

• Irina Rostova

  Immigration Attorney

  Answered on May 4, 2021

  Operating your own business in the U.S. is a practical issue if you do not have a status that allows you to manage the business. Legally, you can invest in a business in the U.S. without having an E-2 visa, however if you do not have a trusted manager who is running the business, the practical side becomes a problem.