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Questions & 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?

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Answers

Bernard P Wolfsdorf

Find an EB-5 Visa Lawyer: Immigration Attorney

Answered on April 17, 2023

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.

Lynne Feldman

Find an EB-5 Visa Lawyer: 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

Find an EB-5 Visa Lawyer: 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

Find an EB-5 Visa Lawyer: 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

Find an EB-5 Visa Lawyer: 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

Find an EB-5 Visa Lawyer: Immigration Attorney

Answered on March 16, 2023

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

DISCLAIMER: the information found on this website is intended to be general information; it is not legal or financial advice. Specific legal or financial advice can only be given by a licensed professional with full knowledge of all the facts and circumstances of your particular situation. You should seek consultation with legal, immigration, and financial experts prior to participating in the EB-5 program. Posting a question on this website does not create an attorney-client relationship. All questions you post will be available to the public: do not include confidential information in your question.

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