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?
These are very difficult to do. It may be better if you can take out $800,000 and make an investment in a regional center project, that is most likely your best chance. Alternatively, take out the profit and pay taxes and start a brand new business that hires 10 US workers. If in a Rural or High Unemployment area, it is $800,000 otherwise it is $1,050,000.
Yes this is doable but details would need to be analyzed. I do not see this jeopardizing your E-2.
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.
Direct investment into the company counts as investment; making payments, such as rent, on behalf of the company does not count as investment.
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.
The money from the old investment that you are reinvesting counts for the new investment.
