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Questions and Answers > EB-5 Direct Investments

When should I apply for EB-5 if I am currently in the US on an E-2?

We (European nationals) set up a real estate investment company recently under E-2 and we are currently evaluating investment projects (residential development). When does it make sense to petition for EB-5 especially when there are other options like EB-2 NIW or EB-1C (timeline perspective)?

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Answers

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Best to set up a consult to evaluate what will work best - short term and long term. Usually, if you qualify for EB-1C, I would recommend that.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    If you are considering multiple immigrant options, you can consider filing more than one. However, the EB-5 is the only one where you cannot also file for the green card at the same time. Being on an E-2, that may actually be helpful as you may not be considered to have "immigrant intent" with only the initial EB-5 form filed. It will depend on your circumstances and details as to which of these options is best for you, so a consultation with an attorney experienced in many aspects of business immigration will be very helpful.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    If you are eligible and personally invested the money and are confident your investment will create 10 new jobs, you can apply now. If you think you are eligible for EB-2 NIW that is usually faster and EB-1C is likely the fastest, if you qualify.

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    Belma Demirovic Chinchoy

    Immigration Attorney
    Answered on

    If you qualify for EB-2 or EB-1, those would be better options than EB-5. With a successful EB-1/2, you will be 2 years away from qualifying for U.S. citizenship at a time when your conditional EB-5 green card would start.

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    Raymond Lahoud

    Immigration Attorney
    Answered on

    More information is needed to better assess your situation. Nonetheless, it is important to note that E-2 to EB-5 is difficult given the investment requirements and if any prior untaxed earnings are being reinvested.