If you wish to convert your E-2 Visa to an EB-5 Visa, then this article is for you. Read on to learn what you need to know about the conversion process, and most importantly, how the help of a skilled and experienced Immigration Attorney can dramatically increase your chances of successfully obtaining an EB-5 Visa to take your business career in the United States, the greatest economy the world has ever seen, to the next level.
Understanding the E-2 and EB-5 Visas
The E-2 Visa allows foreign nationals to enter and work in the United States based on a substantial investment they have made in a U.S. business. This visa is renewable indefinitely, as long as the business continues to operate and meet the E-2 Visa requirements. However, the E-2 Visa does not provide a direct path to permanent residency or citizenship.
On the other hand, the EB-5 Visa is an immigrant visa that offers a pathway to permanent residency for foreign investors who invest a minimum of $900,000 in a U.S. business that creates at least 10 full-time jobs for U.S. workers. After meeting these requirements, EB-5 Visa holders and their immediate family members can obtain green cards, and eventually apply for U.S. citizenship.
How to Convert Your E-2 Visa to an EB-5 Visa
- Assessing Your Investment
The first step in converting your E-2 Visa to an EB-5 Visa is to evaluate your investment. The minimum investment amount for an EB-5 Visa is $900,000 if the investment is made in a Targeted Employment Area (TEA), which is a rural or high-unemployment area, or $1.8 million for investments in non-TEA areas. If your initial E-2 investment meets or exceeds these amounts, you may be eligible to apply for an EB-5 Visa.
- Meeting the Job Creation Requirements
To qualify for an EB-5 Visa, your investment must create at least 10 full-time jobs for U.S. workers within two years of your investment. If your E-2 business has already created these jobs, you may be on your way to meeting the EB-5 requirements. However, if your business has not yet created the required number of jobs, you will need to develop a business plan that demonstrates how your investment will lead to job creation within the specified timeframe.
- Preparing and Submitting Your Application
Once you have determined that your investment meets the EB-5 requirements, you will need to prepare and submit your application, known as Form I-526, to the U.S. Citizenship and Immigration Services (USCIS). This form requires extensive documentation to prove that your investment is legitimate, that the funds are from a lawful source, and that the job creation requirements have been met or will be met within the specified timeframe. It is crucial to provide accurate and complete information in your application, as any discrepancies or inconsistencies may result in delays or denials of your EB-5 Visa.
- Obtaining Conditional Permanent Residency
Once your Form I-526 is approved, you and your immediate family members will be granted conditional permanent residency for a period of two years. During this time, you must continue to meet the EB-5 requirements, including maintaining your investment and ensuring that the job creation requirements are fulfilled.
- Removing Conditions and Obtaining Permanent Residency
After the two-year conditional period, you will need to submit Form I-829 to remove the conditions on your permanent residency and obtain your green cards. This form requires evidence that your investment has been sustained and that the job creation requirements have been met. If approved, you and your family members will become permanent residents of the United States and will be eligible to apply for citizenship after five years of residency
The Benefits of Converting Your E-2 Visa to an EB-5 Visa
There are several benefits to converting your E-2 Visa to an EB-5 Visa. The most significant advantage is the opportunity to obtain permanent residency for you and your immediate family members. Unlike the E-2 Visa, which is a temporary visa that does not provide a direct path to permanent residency or citizenship, the EB-5 Visa offers a clear route to obtaining a green card and eventually becoming a U.S. citizen. Additionally, the EB-5 Visa allows for more flexibility in terms of travel, employment, and education opportunities for you and your family members.
I Can Help You Convert Your E-2 Visa to an EB-5 Visa
Navigating the complexities of immigration law can be challenging, and converting your E-2 Visa to an EB-5 Visa requires careful planning and attention to detail. As an experienced immigration attorney, I have the knowledge and expertise to guide you through this process and ensure that your application is accurately prepared and submitted. I am committed to helping you achieve your dream of obtaining permanent residency and enjoying the benefits that come with it. Together, we can navigate the complexities of immigration law and secure a brighter future for you and your family in the United States. Call me at (305) 921-0976, or email me at [email protected] today.
