Questions and Answers > EB-5 Investments

How can we use our E-2 business to get an EB-5 visa?

Me and my wife arrived from Canada on an E2 visa in 2015, as we started a business in Orlando, Florida, with an initial investment of $150,000. Now we have over 12 employees and over $1 million invested in the business, most of it is profits reinvested. How can we use this to obtain EB-5? Does this re-investment count towards the investment required by the program?

Answers

• Salvatore Picataggio

  Immigration Attorney

  Answered on June 29, 2021

  Typically, continued personal investments are required, but you are in the right mindset at least.

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on June 21, 2021

  It is best to take the money out of the new business and start a new commercial enterprise from the ground up, or take out the money and invest in a regional center project which has a better chance of success.

• Phuong Le

  Immigration Attorney

  Answered on June 17, 2021

  It''s possible to convert an E-2 to an EB-5, but you will have to lay out the qualifications and how the business eventually grew into an EB-5 eligible project. Expand on your initial E-2 business plan and just as importantly, see whether your business is located in a TEA or not (due to COVID, you might actually have a shot). The final major issue you may have based on the background information you provided is that for the additional $1 million to qualify as an EB-5 investment, that money must have been paid to your personal account, which you then used to invest into your business. If it''s never paid out, USCIS will push back and say it doesn''t qualify because that money belongs to the business rather than you.

• F Oliver Yang

  Immigration Attorney

  Answered on June 17, 2021

  The reinvestment can be counted towards your EB-5 as long as you can properly document and source the investment. Converting an existing E-2 business into an EB-5 application is a complex matter. You should have your case evaluated by an EB-5 attorney.

• Belma Demirovic Chinchoy

  Immigration Attorney

  Answered on June 17, 2021

  You may be able to qualify for EB-5. Leaving funds in the business does not qualify as an investment, but speak with an EB-5 attorney and they will guide you.

• Karen-Lee Pollak

  Immigration Attorney

  Answered on June 17, 2021

  You can use the funds or profits made as long as you withdraw them and then reinvest them. You will have to reinvest $80000-$1.7 million depending on where the business is located.

• Fredrick W Voigtmann

  Immigration Attorney

  Answered on June 17, 2021

  Re-investment of profits does qualify for EB-5 purposes; retained earnings do not qualify. If you have withdrawn profits, reported them as personal income and paid any income taxes that were due, you should be able to use the prior investment for a new EB-5 case.

• Linda Liang

  Immigration Attorney

  Answered on June 17, 2021

  New company does not mean the investment has not been counted for any visa. You can still apply for an EB-5 visa even if you have obtained E-2. However, it may not be a good idea to apply for EB-5 in light of the current wait time. You should look into some other options.