The E-2 Visa to EB-5 Visa application is an indirect path for foreign investors to gain permanent residence in the United States. The E2 Visa is a nonimmigrant visa for foreign investors from U.S treaty countries. A treaty country has a treaty of commerce and navigation with the U.S. such as Turkey, South Korea, and Chile. The EB5 Visa is an immigrant visa for foreign investors of any country. Changing from E2 Visa to EB5 Visa is achieved by investing a minimum capital in a U.S. business that creates at least 10 full-time jobs for Americans.
The processing time for an E 2 Visa to EB 5 Visa application is between 29.5 and 61 months. Transitioning from E-2 Visa to EB-5 Visa is done via consular processing for investors outside the US. Investors within the US can adjust status from E2 Visa to EB5 Visa while remaining in the US.
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How to Change Status from E-2 Visa to EB-5 Visa?
There are 2 ways to transition from E2 Visa to EB5 Visa.
1. Increase Your Direct Business Investment to Get an EB-5 Visa.
Increasing your direct E2 business investment allows you to go from E 2 Visa to EB-5 Visa. The EB 5 Visa requires a minimum investment of $800,000 USD in a targeted employment area. A targeted employment area is a region of high unemployment or a rural area. The EB5 investment should create a minimum of 10 direct, full-time jobs for U.S. citizens. You should retain your involvement in operations and management of the U.S. business when going from the E-2 Visa to the EB 5 Visa via direct investment.
2. Invest in a Regional Center Project to Get an EB5 Visa.
A regional center is a public or private unit approved by the United States Citizenship and Immigration Services (USCIS) involved in U.S. economic development through the EB5 Visa Program. A regional center combines capital from multiple foreign investors and sponsors job-creating projects.
An EB-5 Regional Center does not require the foreign investor to be directly involved in the business. The E2 Visa to EB5 Visa investors can continue to manage their E-2 business while being passive investors in a regional center.
How Long Does it Take to Change Your Status from E-2 Visa to EB-5 Visa?
The application for E-2 Visa to EB-5 Visa is between 29.5 and 61 months. Below are the steps for changing an E2 Visa to EB5 Visa.
- Filing of Immigrant Petition by Standalone Investor (Form I-526). The Immigrant Petition by Standalone Investor (Form I-526) is the first step in petitioning for the EB-5 Visa to the U.S. Citizenship and Immigration Services (USCIS).
- Applying for the EB 5 Visa.
- Consular Processing. Filing of the Online Immigrant Visa and Alien Registration Application (Form DS-260) for investors outside the US.
- Adjustment of Status. Filing of Application to Register Permanent Residence or Adjust Status (Form I-485) for investors within the US.
- Obtaining a conditional green card. The conditional green card is valid for 2 years for the foreign investor and his/her dependents.
- Filing of Petition by Investor to Remove Conditions on Permanent Resident Status (Form I-829). The Petition by Investor to Remove Conditions on Permanent Resident Status (Form I-829) removes the conditions on permanent residence.
- Gaining an unconditional green card. An unconditional green card is valid for 10 years.
What are the Work Opportunities in Changing from E-2 Visa to EB-5 Visa?
The differences in work capacities for the E2 Visa and EB5 Visa are in portability and the level of involvement in the business investment. The E-2 investor can only work for the E2 business he/she has invested in. The E2 Visa holder has to be actively involved in the direction and management of the E-2 business. Changing from the E2 Visa to EB-5 Visa allows the investor to work for any company at any location in the United States. The EB 5 Visa holder who has invested in a regional center can be a passive investor not directly involved in the management of the business.
There is also a difference in the work opportunities for the spouse of the E-2 Visa and EB-5 Visa investors. The spouse of the E 2 Visa investor can only work after getting an Employment Authorization Document (EAD). Going from the E2 Visa to the EB 5 Visa allows your spouse to work anywhere in the U.S. even without an Employment Authorization Document (EAD)
What is the Difference Between the E 2 Visa and EB-5 Visa?
The E2 Visa and EB5 Visa are Foreign Investor Visas. Here are the main differences between the E-2 Visa and EB5 Investment Visa.
E2 Visa
- Must be a citizen of a nation with whom the United States has a trade and navigation treaty.
- Must invest a substantial amount of capital, or be in the process of investing a substantial amount of capital, in a legitimate enterprise in the United States. There is no requirement for minimum job creation.
- Allows for a temporary U.S. entry for an initial period of 2 years. The E-2 Visa can be extended unlimitedly for increments of 2 years.
EB-5 Visa
- Does not have a nationality requirement. Citizens from any country can apply for an EB5 investor visa.
- Requires a minimum amount of $800,000 invested in a new firm located in a targeted employment area. The investment has to generate 10 full-time jobs for Americans.
- Grants permanent residence in the U.S. to foreign investors and their dependents.
Can I Apply for a Change of Immigration Status on My Own?
Yes, a foreign investor can change from the E-2 Visa to EB5 Visa on his/her own through direct investment or a regional center. The EB-5 Visa does not require sponsorship from an employer or family member.
What is an E-2 Visa?
The E-2 Visa is a nonimmigrant investor visa for foreign nationals from treaty countries of the United States. A treaty country maintains a treaty of commerce and navigation with the United States. The E2 Visa requires a substantial direct investment in a new or existing business in the US. The E 2 Visa is valid for an initial period of 2 years. Indefinite extensions are granted for 2-year increments.
Changing from E-2 Visa to EB-5 Visa is an indirect path to permanent residence (green card) in the United States. E2 Visa holders are allowed to have dual intent and can apply for permanent residence using the EB-5 Visa Program. Dual intent means that a foreign investor can enter the U.S. as a nonimmigrant with the intention of applying for permanent residence. The EB5 Immigrant Investor Visa grants eligible foreign investors permanent residence (green card) in the United States.
Who is Eligible for an E-2 Visa?
These are the eligibility criteria for the E-2 Investor Visa.
- Citizenship from a U.S. treaty country. Treaty countries include South Korea, Poland, Chile, Turkey, and Egypt. Non-treaty countries can apply for the E-2 Visa by getting a second passport from U.S. treaty countries. Non-treaty countries include Kuwait, China, India, Peru, and South Africa.
- Direct investment. The applicant should be actively investing or have invested substantial capital in a new or existing US business.
- Business management. The E2 investor should be seeking to enter the US for the purpose of developing and managing a business enterprise. The E-2 investor should have at least 50% ownership of the business or have operational control through a managerial position or other corporate devices.