The E2 to EB5 switch is an acceptable process, but it requires careful planning. Furthermore, depending on your current U.S. Immigration status, you may be able to change status to the E2. The unique aspects of this process are best served by retaining qualified EB5 attorneys, like the attorneys at our law firm, who can help you develop a plan to help achieve your goals.
It really depends on the particulars of your investments thus far. For example, for EB-5 purposes, "retained earnings" funneled back into the business won't count towards the EB-5 minimum investment amount. You would have had to take the money out, pay taxes on it as income and then plunk it back in to the business for it to count for EB-5 purposes. There are a whole host of quirky things that would have to be addressed. You would need to have a sit down with an EB-5 professional to work through the details. NEVER withhold info from the person trying to help you! USCIS will find it later and in many instances, it could have been corrected BEFORE filing and CANNOT be corrected AFTER filing the visa petition.
You can change stays from a TN or TD to an E2 status without leaving the U.S. in fact an experienced EB-5 Attorney can advise you on the correct E-2 legal and financial infrastructure to first obtain the E-2 status then subsequently obtain the EB-5 immigrant status