Questions and Answers > EB-5 Investments

How can I convert from E-2 to EB-5 using the same business?

I have been on an E-2 visa for 6 years and renewed it once. We have invested over $2M in purchase and service within the last 6 years. The company is an LLC. We are planning to open new retail locations and hire 10-15 new employees. Will my old investment be counted towards an EB-5 visa? Will new or old rents count as an investment? If my EB-5 petition does not get accepted, will that affect my E-2 status?

Answers

• Lynne Feldman

  Immigration Attorney

  Answered on March 20, 2023

  Yes this is doable but details would need to be analyzed. I do not see this jeopardizing your E-2.

• Julia Roussinova

  Immigration Attorney

  Answered on March 20, 2023

  It is certainly possible to have E-2 qualify for direct EB-5. A comprehensive review of your case is required. Please schedule a consultation with an experienced EB-5 immigration attorney to help you.

• Belma Demirovic Chinchoy

  Immigration Attorney

  Answered on March 17, 2023

  Direct investment into the company counts as investment; making payments, such as rent, on behalf of the company does not count as investment.

• Mitch Wexler

  Immigration Attorney

  Answered on March 16, 2023

  It is certainly possible to convert an E-2 to an EB-5 as long as the requisite amount is personally invested by you. Rents probably go to the LLC and not to you, so it is unlikely they will count.

• Stephen Berman

  Immigration Attorney

  Answered on March 16, 2023

  The money from the old investment that you are reinvesting counts for the new investment.