Questions and Answers > EB-5 Requirements

How can I change my E-2 to EB-5 if I have a waiver of ineligibility?

I am currently in the United States on an E-2 visa having made a $250,000 investment for 50 percent of a business in 2013. I would like to acquire the remaining 50 percent of share capital from my shareholder who is retiring. The total investment I would be making in this entity is over $1 million, but that includes the initial $250,000. Furthermore, I am here with a waiver - 212(a)(2)(A)(i)(I) crimes involving moral turpitude and 212(a)(6)(C)(i) misrepresentation when applying for a visa or entry to the U.S. Would I be considered for EB-5 under these circumstances? How will a waiver of ineligibility affect my EB-5 application?

Answers

• A Olusanjo Omoniyi

  Immigration Attorney

  Answered on October 15, 2014

  Your waiver of ineligibility will come up during the processing of your EB-5 application. So, expect you will be asked as part of your application. There nothing unusual about it, however, you must answer it truthfully. Having being granted a waiver once, the USCIS will not take away any accompanying benefits associated with the waiver from you. Thus, it should not be a stumbling block to getting an EB-5 visa. Advisably, talk and work with an EB-5 attorney.

• Fredrick W Voigtmann

  Immigration Attorney

  Answered on October 14, 2014

  Waivers for nonimmigrant visas are different than waivers for immigrant visas. You should consult with an experienced immigration attorney who can advise you on your eligibility, if any, for an I-601 waiver of these grounds of inadmissibility.

• Ed Beshara

  Immigration Attorney

  Answered on October 13, 2014

  I would first retain the services of an EB-5 experienced attorney who also has expertise in immigration matters such as waivers and obtaining permanent residency status. You can convert an E-2 status into an EB-5 status if you comply with EB-5 regulations and policies. If the investment requirement is $1 million or $500,000, the investment has to be derived from personal funds and not retained earnings being reinvested in the business. Waivers of grounds of inadmissibility may allow non-immigrant visa entry such as the E-2 visa, but the same waivers may not allow the approval of U.S. permanent residency.

• Mona Shah

  Immigration Attorney

  Answered on October 13, 2014

  If you are in the United States in status, you will be eligible to file for an adjustment of your status once the I-526 petition has been approved. You will likely need additional documentation. I am presuming that you filed the waiver through the consulate at the time your E-2 visa was granted?

• Salvatore Picataggio

  Immigration Attorney

  Answered on October 13, 2014

  When making the initial petition to USCIS, you can convert E-2 businesses to EB-5 businesses. When you apply for conditional permanent residency the waivers may affect the progress, but an immigration attorney would review your entire immigration history to develop approvable strategies.

• Louis M Piscopo

  Immigration Attorney

  Answered on October 13, 2014

  Your problem is going to be inadmissible due to issues you mention. While they can be waived for non-immigrants (ex. E-2) without a qualifying relative, they cannot be for immigrants (which is what you would be when applying under the EB-5 program). A qualifying relative for the misrepresentation inadmissibility is a U.S. citizen or green card spouse or parent. For the criminal inadmissibility is a U.S. citizen or green card spouse, parent or child. Also, merely having a qualifying relative does not mean the waiver would be granted. I recommend that you consult with an immigration attorney to discuss whether pursing an EB-5 is worthwhile.

• Lynne Feldman

  Immigration Attorney

  Answered on October 13, 2014

  You will need a similar waiver for the immigrant visa and should consult with an immigration attorney to see if you will qualify. The $250,000 will count.