Question:
How can I adjust from an E-2 to an EB-5 visa? I live in England. If I buy a business in the U.S. with an E-2 visa and we like living in the U.S., can I then apply for an EB-5 visa whilst in the US running the current business on the E-2 visa?
Answers:
The situation described definitely needs the services of a qualified U.S.Immigration EB-5 attorney who has substantial experience and expertise in the E-2 and EB5 Visa category. Before you start the process you need to retain the U.S. immigration attorney to assist you and advise on the proper legal and financial infrastructures to allow an E-to visit to form the foundation for a subsequent EB5 petition. It is essential that the E-2 legal and financial foundation is decided upon early in the process.
You could indeed do that, but you would need to make investments totaling $500,000 into the project (providing the project is in a targeted employment area). Our law firm has experience in E-2-to-EB-5 processes, and we believe retaining a firm with this experience is most beneficial.
The answer to your question is yes. You must qualify for both the E-2 treaty investor visa and then the EB-5 immigrant investor category of green card. There are different requirements, some overlapping, for these immigration categories.