How many visa types can a potential EB-5 investor apply for? - EB5Investors.com

How many visa types can a potential EB-5 investor apply for?

I am on an E-2 visa and I want to use the profit generated from my E-2 business to invest in an EB-5 business. However, I've also filed for a sibling-based green card. Is there any limit to the number of U.S. immigration routes that I can apply for at the same time? Will the EB-5 application be affected by the E-2 visa and/or the sibling-based application? Will I have to renew the E-2 visa even after I apply for EB-5?

Answers

Julia Roussinova

Julia Roussinova

Immigration Attorneys
Answered on

There is no limit as to the types of petitions you may file as long as they have legitimate basis and are nonfrivolous. While your I-130 or I-526 is pending, you will have to extend your current E-2 status to remain in lawful immigration status in the United States to be able to adjust your status to that of a permanent resident. A pending immigrant petition may affect renewal of your nonimmigrant E-2 status.

Ed Beshara

Ed Beshara

Immigration Attorneys
Answered on

An E-2 status can be converted into an EB-5 case. In addition, there is no legal restriction on how many immigrant petitions can be filed.

Xiaosheng Huang

Xiaosheng Huang

Immigration Attorneys
Answered on

There is no limit to the number of U.S. immigration routes. You can renew your E-2 visa. However, your sibling-based green card application may affect your EB-5 application, since we do not know your priority date of your sibling-based green card application.

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Immigration Attorneys
Answered on

Generally, there is no limit to the number of visa categories you can apply for. Yes, you have to extend the E-2 if the EB-5 is still pending.

John J Downey

John J Downey

Immigration Attorneys
Answered on

Yes, there is a limit. You may progress from the E-2 status to an EB-5 application. The EB-5 will lead to a change of status, to wit a permanent residence; a sibling application would result in the same outcome, i.e. permanent residency. USCIS may not look with favor on two applications for the same permanent residency.

Salvatore Picataggio

Salvatore Picataggio

Immigration Attorneys
Answered on

It may be possible to have multiple immigrant petitions pending at one time, as long as you are filing legitimate petitions for each. While these petitions are pending, you still have to maintain proper, legal U.S. status (that is, renew the E-2), or else leave the United States and go through the consulate once one of the immigrant petitions is approved.

Ian E Scott

Ian E Scott

Immigration Attorneys
Answered on

You can apply for as many immigrant visas as you are eligible for and one will not impact the other. Once an EB-5 immigrant petition has been filed, you will have a very tough time renewing the E-2 visa (or perhaps even entering on the E-2 visa), but if you are in valid status in the country while the immigrant petition is pending, that should be fine.

DISCLAIMER: the information found on this website is intended to be general information; it is not legal or financial advice. Specific legal or financial advice can only be given by a licensed professional with full knowledge of all the facts and circumstances of your particular situation. You should seek consultation with legal, immigration, and financial experts prior to participating in the EB-5 program. Posting a question on this website does not create an attorney-client relationship. All questions you post will be available to the public: do not include confidential information in your question.