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

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.

Not it would not unless fraud is discovered.

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.

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.

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.