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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

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    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.

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    Lynne Feldman

    Immigration Attorney
    Answered on

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

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    Julia Roussinova

    Immigration Attorney
    Answered on

    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.

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    Belma Demirovic Chinchoy

    Immigration Attorney
    Answered on

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

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    Mitch Wexler

    Immigration Attorney
    Answered on

    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.

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    Stephen Berman

    Immigration Attorney
    Answered on

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