+1-800-997-1228
Questions & Answers

How can I file an E-2 application and an EB-5 at the same time?

Is it possible to file an E-2 application and an EB-5 application with the same business plan and the same investment funds at the same time? If not, what about the same business plan with different investment funds? I want to maximize my chances of being approved.

Answers

  • Avatar

    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    Yes, you can file both at the same time. Advisably, consult an immigration attorney on the differences between the two visas, the requirements and goals. Bear in mind, E-2 is a non-immigrant visa, while EB-5 is an immigrant visa.

  • Avatar

    Julia Roussinova

    Immigration Attorney
    Answered on

    You may if it is properly structured, because the E-2 and EB-5 visa requirements are different. The E-2 will not lead to green card. Therefore, you should qualify for EB-5 at inception.

  • Avatar

    Salvatore Picataggio

    Immigration Attorney
    Answered on

    I'd want to handle the E-2 first, and then file the EB-5.

  • Avatar

    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    It is technically possible to make an investment which will qualify you for both an E-2 and EB-5. However, since the rules are different you need to make sure your investment meets both E-2 criteria and EB-5 job creation criteria.

  • Avatar

    Lynne Feldman

    Immigration Attorney
    Answered on

    Yes, this is possible.

  • Avatar

    Dale Schwartz

    Immigration Attorney
    Answered on

    Yes, you can do this.

  • Avatar

    Marko Issever

    EB-5 Broker Dealer
    Answered on

    Please bear in mind that E-2 is a non-immigrant intent petition and EB-5 is an immigrant-intent petition. While you can certainly use the same project for both, you should probably file the E-2 petition first. Ideally, once you get approved you could then apply for the EB-5, as long as you fulfill all the minimum 10 full-time positions and minimum investment requirements, etc.

  • Avatar

    Mark AM Catam, Esq

    Immigration Attorney
    Answered on

    Yes, it is possible if structured accordingly.

  • Avatar

    Charles Foster

    Immigration Attorney
    Answered on

    Yes, you can file an E-2 non-immigrant visa application and EB-5 petition both based on same investment, provided each meets the statutory and regulatory requirements.

  • Avatar

    Phuong Le

    Immigration Attorney
    Answered on

    You can certainly file both petitions if you are qualified for both. However, it may make more sense to start on an E-2 and then convert to EB-5 later on.

  • Avatar

    Hassan Elkhalil

    Immigration Attorney
    Answered on

    EB-5 business plans are tailored to your project. Hence, they are different from the business plan for the E-2 project, even if the plan is for the same business model. It is a risky proposition to apply for both using the same business plan and the same funds for the two visas.

Add your comment

Use a Facebook account to add a comment, subject to Facebook's Terms of Service and Privacy Policy. Your Facebook name, photo & other personal information you make public on Facebook will appear with your comment.