Transitioning from E2 Visa to EB5 Green Card

Global Immigration Partners, PLLC

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Navigating the U.S. immigration system can be a complex journey.

Especially for foreign entrepreneurs and investors seeking to establish a life in the United States.

One common path is transitioning from an E2 Visa to an EB5 Visa.

The E2 Visa, often the first step, allows individuals to live and work in the U.S. based on an investment they control. However, it doesn’t provide a direct path to permanent residency.

The EB5 Visa, on the other hand, offers a route to a Green Card through a significant investment that creates jobs.

In this guide, we’ll explore the process, requirements, and considerations of making this transition. We aim to provide a comprehensive resource for those contemplating the E2 to EB5 journey.

Understanding the E2 Visa

The E2 Visa is a non-immigrant visa.

It’s designed for individuals from treaty countries who make a substantial investment in a U.S. business.

The investor must have control over the funds and the investment must be at risk in the commercial sense.

The business should also generate more income than just to provide a living for the investor and their family.

However, while the E2 Visa allows individuals to live and work in the U.S., it does not provide a direct path to permanent residency or citizenship.

Exploring the EB5 Visa as a Path to Permanent Residency

The EB5 Visa is an immigrant visa.

It provides a path to permanent residency for foreign investors.

To qualify, an individual must invest a minimum of $1.1 million in a new commercial enterprise.

However, if the investment is made in a targeted employment area (TEA), the minimum investment is reduced to $800,000.

The investment must also create or preserve at least 10 full-time jobs for qualifying U.S. workers within two years of the investor’s admission to the United States as a Conditional Permanent Resident.

Eligibility Requirements for E2 and EB5 Visas

The E2 Visa requires a “substantial” investment in a U.S. business.

The investor must be a national of a country that has a treaty of commerce and navigation with the United States.

For the EB5 Visa, the investor must invest a minimum of $1.1 million, or $800,000 in a TEA.

The investment must create or preserve at least 10 full-time jobs for qualifying U.S. workers.

The investor must also prove that the investment funds were obtained legally.

Guide: E2 visa to EB5 Green Card | Transitioning from E2 Visa to EB5 Green Card
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The Transition Process: E2 Visa to EB5 Visa

Transitioning from an E2 Visa to an EB5 Visa involves several steps.

It requires careful planning and adherence to U.S. immigration laws.

Step 1: Assessing Your Current E2 Visa Business

The first step is to assess your current E2 business.

Is it profitable?

Can it meet the EB5 investment requirements?

Step 2: Meeting the EB5 Investment Requirements

The next step is to meet the EB5 investment requirements.

This involves investing a minimum of $1.1 million in a new commercial enterprise.

If the investment is in a Targeted Employment Area (TEA), the minimum investment is $800,000.

The investment must be “at risk” and the funds must be obtained legally.

The investor must also be involved in the management of the new enterprise.

Step 3: Job Creation and Your EB5 Application

The EB5 investment must create or preserve at least 10 full-time jobs for qualifying U.S. workers.

These jobs must be created within two years of the investor’s admission to the United States as a Conditional Permanent Resident.

Indirect jobs can also count towards the job creation requirement if the investment is made through a Regional Center.

Step 4: Filing the Necessary Immigration Forms

The investor must file Form I-526, Immigrant Petition by Alien Investor.

This form demonstrates that the investor has invested the required amount of capital in a new commercial enterprise.

It also shows that the investment will create at least 10 full-time jobs.

Once the I-526 is approved, the investor can apply for a Green Card.

Step 5: Adjusting Your Status to Permanent Resident

The final step is to adjust your status to a Permanent Resident.

This is done by filing Form I-485, Application to Register Permanent Residence or Adjust Status.

Once approved, the investor and their immediate family members can become Permanent Residents of the United States.

Benefits of Transitioning from E2 to EB5

Transitioning from an E2 to an EB5 visa offers several benefits.

Firstly, the EB5 visa provides a direct path to permanent residency.

This is not the case with the E2 visa, which is a non-immigrant visa.

Secondly, the EB5 visa allows the investor’s immediate family to also apply for a Green Card.

Lastly, the EB5 visa does not require the investor to manage the day-to-day affairs of the business, unlike the E2 visa.

Key Considerations and Risks in the E2 to EB5 Transition

While the EB5 visa offers many benefits, it also comes with risks.

One of the main risks is the “at risk” investment requirement.

This means that the investor’s capital must be subject to loss, and the investor must not have any guaranteed return on investment.

Another consideration is the long processing time for EB5 applications, which can take several years.

Lastly, the investor must ensure that their investment leads to the creation of at least 10 full-time jobs for qualifying U.S. workers.

Conclusion: Making an Informed Decision

Transitioning from an E2 visa to an EB5 visa is a significant decision.

It requires careful planning, due diligence, and a clear understanding of the risks and benefits.

With the right guidance and resources, it can be a viable pathway to permanent residency in the United States.

This Blog was written by:

Global Immigration Partners PLLC, is a specialized immigration law firm.

1717 Pennsylvania Avenue NW, Washington DC, 20006, United States

Phone: +1 267-507-6078

Book a free consultation

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HOW WE HELP CLIENTS

Global Immigration Partners | Transitioning from E2 Visa to EB5 Green Card

Global Immigration Partners PLLC, is a specialized immigration law firm.

1717 Pennsylvania Avenue NW, Washington DC, 20006, United States

Phone: +1 267-507-6078

Book a free consultation


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