Questions and Answers > EB-5 Investments

As an EB-5 investor with a pending I-526, what are my chances of successfully obtaining an E-2 visa?

I, an Indian national, already applied for an EB-5 visa in Nov. 2019, I-526 pending. Now I am in the process of getting a Grenada citizenship by investment to apply for the E-2 visa. Will changing my citizenship / nationality have any effect on my pending EB-5 application? Also, I have been told that existing EB-5 investors with a pending I-526 petition – who do not already have a valid non-immigrant visa – will most likely have a difficult time obtaining a non-immigrant visa since they have to disclose the I-526 petition on the DS-160 application form. Would the consular officer deny the E-2 visa because of immigrant intent? What are my chances of success in having my E-2 application approved?

Answers

• Daniel A Zeft

  Immigration Attorney

  Answered on December 26, 2022

  After becoming a citizen of Grenada, you must reside in Grenada for three years before you can use Grenada as your country of citizenship for an E-2 visa application.

• Dennis Tristani

  Immigration Attorney

  Answered on December 21, 2022

  The two processes are not entirely incompatible. You can have the present intent of entering the U.S. to pursue your E-2 business, and if and when your EB-5 process is adjudicated, you can depart the U.S. in accordance with your E-2 visa and complete consular processing abroad for your green card. Your E-2 petition must include a statement of your intent to depart the U.S. once your E-2 status has ended and it should also confirm that you are not entering the U.S. to adjust status. All of this being said, the consular officer may ask about your future plans given your pending I-526 petition and you should be prepared to answer these questions.

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on December 21, 2022

  Sadly, your chances have suddenly changed. Whereas previously the issue was immigrant intent, it appears President Biden will sign a new law very soon. Section 5901 changes eligibility for E visas. Individuals who have acquired citizenship through financial investment must have been domiciled in that country for “a continuous period of not less than 3 years at any point before applying for an E nonimmigrant visa.” If you already had an E-2 visa, you would likely be safe as this residency requirement does not apply to individuals who have previously been granted E nonimmigrant status. This new law will limit use of "Citizenship by Investment" programs of countries, such as Grenada, that have enabled investors who acquire citizenship in a treaty visa country to obtain E-2 nonimmigrant visas while awaiting availability of an immigrant visa.

• Lynne Feldman

  Immigration Attorney

  Answered on December 21, 2022

  Not guaranteed but should be approvable if you argue your intent to consular process the immigrant visa as indicated on the I-526.

• Daniel B Lundy

  Immigration Attorney

  Answered on December 21, 2022

  Unfortunately, Congress just passed a law that requires anyone who got citizenship by investment to be domiciled in the country for at least 3 years before they can be eligible for an E-2 visa. Unless you already applied for the visa, you may have to live in Grenada for a while before getting an E-2.

• Mitch Wexler

  Immigration Attorney

  Answered on December 20, 2022

  Check with your immigration attorney. I believe the State Dept. just put a wrinkle in that strategy by requiring 3 years of residence for E eligibility.

• Stephen Berman

  Immigration Attorney

  Answered on December 20, 2022

  Your place of birth is the only place that matters regarding the EB-5 priority date. An E-2 requires proof of nonimmigrant intent. A pending immigrant visa will make that impossible for you to demonstrate.