I am a tech entrepreneur from Chile. I wish to apply for the E-2 visa as my fintech startup is growing successfully. It would benefit if I were to continue its expansion from the US. I would be traveling to the US to speak with several investors as well, on a valid B1/B2 visa. However, if I were to apply for the E-2, would I still be allowed to travel to the US for business while my application is reviewed?
Answers
Yuliya Veremiyenko-Campos
EB-5 Immigration attorneysYes, you will be able to travel as long as your visit is consistent with activities permitted under B1/B2 visa. You cannot perform any productive labor or provide any services until you get your E-2.
Renata Duarte
EB-5 Immigration attorneysYou can continue to travel in and out the USA but each entry is at CBP’s discretion. You must must still show a temporary purpose under the B classification and a residence abroad that has not been abandoned.
Holding a pending E‑2 visa application does not by itself create “immigrant intent” because the E‑2 is also a non‑immigrant category.
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