Questions and Answers > EB-5 Direct Investments

How can I transition from my E-2 visa to direct EB-5?

I have been on an E-2 visa for 8 years. I want to change it to EB-5 now through my own business. What would happen if my EB-5 application / I-526 is denied? Would that impact my current E-2 status or future renewals?

Answers

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on May 2, 2023

  Generally, you have to start a new business, not apply for an existing business unless that business is a troubled business. We find that most E-2 applications were not done in accordance with EB-5 regulations that have as more rigorous source of funds component. You may be better off investing in a good regional center project that allows for indirect job creation rather than invest in the existing business that most likely will not qualify.

• Lynne Feldman

  Immigration Attorney

  Answered on April 13, 2023

  Not it would not unless fraud is discovered.

• Daniel A Zeft

  Immigration Attorney

  Answered on April 13, 2023

  If U.S. CIS denies your I-526 petition, then this will not affect your current E-2 status or future renewals of your E-2 visa.

• Dennis Tristani

  Immigration Attorney

  Answered on April 10, 2023

  A separate denial from an I-526 petition or other visa application should not affect one''s current E-2 status. Using a previous E-2 investment for EB-5 can be done but the process is difficult as it requires an examination of the source of the E-2 investment, the use of the funds, employment creation (including which entities employ workers) and documentation to credit all of the above. I strongly recommend working with an experienced immigration attorney for this process.

• Belma Demirovic Chinchoy

  Immigration Attorney

  Answered on April 7, 2023

  An I-526 denial does not have to result in an E-2 denial. We have had cases where clients received an approval of I-526 but decided not to become residents and where clients withdrew the I-526 before it was adjudicated and they still qualified for an E-2. There are timing considerations to be taken into account. Make sure to work with an attorney who handles direct EB-5s so you can receive proper guidance.