How do we decide between E-2 or EB-5 based on assets? - EB5Investors.com

How do we decide between E-2 or EB-5 based on assets?

My wife, nine year old daughter, and I are looking at a move to Florida and trying to determine our best route. We currently have liquid assets of approximately $240,000 and assets in our current house of $750,000. Allowing for the fact that we would like to emigrate in 2016, would we be able to file for EB-5 on the basis of only having the lower amount to-hand? Or would we be able to look at E-2 with a view to EB-5 when we have released the assets in our house?

Answers

Julia Roussinova

Julia Roussinova

Immigration Attorneys
Answered on

Currently, the minimum investment amount for an EB-5 visa through an approved regional center is $500,000. If you do not have the entire amount in your possession and control based on a lawful source of funds, you will not qualify for EB-5 immediately. Because I-526 petitions are currently taking approximately 15 months to get processed by USCIS (excluding the preparation time to file your EB-5 case), it is not realistic for you to be able to immigrate in 2016. An E-2 visa may be an option for you to come to the United States relatively quickly on a nonimmigrant visa if you possess the nationality of a treaty country to qualify for the E-2 visa and all other requirements have been met. You may later qualify for EB-5 to apply for permanent residence in the United States. Please contact an experienced immigration attorney.

Echo Meisheng King

Echo Meisheng King

Immigration Attorneys
Answered on

The minimum capital requirement for an EB-5 project in a targeted employment area is $500,000, which is significantly higher than an E-2. In your instance, purchasing a business then starting with an E-2 might be a better option. However, E-2 is a nonimmigrant visa. You can always expand your business and invest more capital later on to make the project qualify as an EB-5.

Salvatore Picataggio

Salvatore Picataggio

Immigration Attorneys
Answered on

For EB-5, you need to authenticate all $500,000 at the time of investment. If you are unable to do so, an E-2 or L-1 may be a good alternative. Please consult an immigration attorney to assist you on these very important matters.

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Immigration Attorneys
Answered on

For an E-visa, you need nationality from a treaty country and it takes a few months. EB-5 takes about 18 months before you get benefits. You probably need the E-visa first.

Jinhee Wilde

Jinhee Wilde

Immigration Attorneys
Answered on

The amount of requisite EB-5 investment is $1 million, except if the business/project is located in a Targeted Employment Area (TEA); then the amount is $500,000. With the $240,000 available for immediate investment, you will not qualify for EB-5 filing. Also, since the current processing time for I-526 is 15+ months, there is virtually no way for you to immigrate using EB-5 within 2016. It is not clear why you must come into the United States in 2016, but E-2 is a non-immigrant visa, which will only allow you two years, and which must be extended every two years. Further, E-2 also will not allow your kids to remain beyond their 21st year even if you are able to continue receiving the E-2 extension. Thus, if your purpose is to become a permanent resident and provide your children with unfettered status to study and work anywhere in United States, then you may consider liquidating more of your assets to do the EB-5 case and come into the United States in 2017 instead.

Robert Lee

Robert Lee

Immigration Attorneys
Answered on

You can convert the E-2 into an EB-5 at a later time. But this scenario is generally when you are creating your own business. You can apply for the E-2 initially to enter the country and build the business up so that it qualifies under the EB-5 category later.

Daniel B Lundy

Daniel B Lundy

Immigration Attorneys
Answered on

It sounds to me like you should speak with an investment adviser. All investments have risk, including EB-5 Investments. You may want to consider whether an investment of the majority of your assets in an EB-5 investment is a path you want to take. If you are a national of a treaty country, you can qualify for an E-2 visa based on an investment into a business that you will develop and direct, but there is not a specific minimum investment amount, and many E-2 investments are well under $500,000.

John J Downey

John J Downey

Immigration Attorneys
Answered on

The E-2 looks like the best route. If you wish to immigrate this year, an EB-5 application would not be adjudicated in that time frame. The amount you have as assets might also prove to be troublesome as you may not qualify as an "accredited investor."

Sufen Hilf

Sufen Hilf

Immigration Attorneys
Answered on

$500,000 cash is the minimum amount required for EB-5 funds and it has to be at risk, meaning the funds should be wired into the new business or in a third party escrow account. It may be a good option for you to start E-2 if you are eligible for E-2 as a citizen of a treaty country with the United States. You can eventually convert to EB-5 investment if you keep a good trail of your paperwork.

Ian E Scott

Ian E Scott

Immigration Attorneys
Answered on

You could certainly start with an E-2 visa and then apply for an EB-5 once you have the required investment amount and you are able to create 10 full-time jobs. You can also take out a loan that is secured by your property and apply for the EB-5 visa right away if you wish.

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