Questions and Answers > EB-5 Requirements

How can I apply for EB-5 with an E-2 visa?

I am a Canadian citizen born in India. I have an E-2 visa that needs to be renewed next year. If I apply for EB-5 now and next year go to the consulate to renew my E-2 visa, will they question my intent of staying in the U.S. permanently? If the EB-5 petition is rejected, could my future applications for E-2 visas be rejected?

Answers

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on July 17, 2020

  The E-2 rules make it clear that having an immigrant visa petition on file is not a basis to deny an E-2. One has to meet the E-2 intent requirement that is a commitment to return home at the end of the investment. Here is the rule: An applicant for an E visa need not establish intent to proceed to the United States for a specific temporary period of time, nor does an applicant for an E visa need to have a residence in a foreign country which the applicant does not intend to abandon. The alien may sell his or her residence and move all household effects to the United States. The alien''s expression of an unequivocal intent to depart the United States upon termination of E status is normally sufficient. An applicant who is the beneficiary of an immigrant visa petition will need to satisfy you that his/her intent is to depart the United States at the end of his/her authorized stay, and not stay in the United States to adjust status or otherwise remain in the United States.

• Dale Schwartz

  Immigration Attorney

  Answered on July 16, 2020

  No one can guarantee this, but you should be OK.

• Fredrick W Voigtmann

  Immigration Attorney

  Answered on July 16, 2020

  The consulate may question your intent if you have an immigrant petition pending. There are ways to establish eligibility for E-2 while one has an EB-5 case pending. An E-2 applicant must establish that he or she has a foreign residence which he or she does not intend to abandon. The pendency of the immigrant petition alone should not be grounds to deny your E-2 visa renewal. Seek the advice of an experienced immigration attorney before you begin your EB-5 case.

• Salvatore Picataggio

  Immigration Attorney

  Answered on July 16, 2020

  The consulates are a little weird about E2 and "dual intent" while USCIS is less weird about it. There are strategies available to plan for situations like this that a qualified immigration attorney can assist with. It is a little complicated to discuss in a forum like this but there are strategies.

• Belma Demirovic Chinchoy

  Immigration Attorney

  Answered on July 16, 2020

  A pending I-526 on its own will not result in a denial of an E-2 visa.

• Lynne Feldman

  Immigration Attorney

  Answered on July 16, 2020

  That is an issue but you an indicate you will always comply with all visa requirements and process EB-5 at consulate.

• A Olusanjo Omoniyi

  Immigration Attorney

  Answered on July 16, 2020

  The renewal of E-2 should not necessarily result in a presumption of intent to stay. The E-2 may actually help your EB-5 petition. In any event, a rejection of EB-5 will not likely result in a rejection of future E-2 because the requirements and nature of each visa are different. Advisably, consult an EB-5 to discuss the details of your plans and examine all your options.