How can I file an E-2 application and an EB-5 at the same time? - EB5Investors.com

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

A Olusanjo Omoniyi

A Olusanjo Omoniyi

Immigration Attorneys
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.

Julia Roussinova

Julia Roussinova

Immigration Attorneys
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.

Salvatore Picataggio

Salvatore Picataggio

Immigration Attorneys
Answered on

I&#39d want to handle the E-2 first, and then file the EB-5.

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Immigration Attorneys
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.

Lynne Feldman

Lynne Feldman

Immigration Attorneys
Answered on

Yes, this is possible.

Marko Issever

Marko Issever

EB-5 Broker Dealers
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.

Dale Schwartz

Dale Schwartz

Immigration Attorneys
Answered on

Yes, you can do this.

Hassan Elkhalil

Hassan Elkhalil

Immigration Attorneys
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.

Phuong Le

Phuong Le

Immigration Attorneys
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.

Charles Foster

Charles Foster

Immigration Attorneys
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.

Mark AM Catam, Esq

Mark AM Catam, Esq

Immigration Attorneys
Answered on

Yes, it is possible if structured accordingly.

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