Changing an E-3 Visa to EB-5 Visa permits Australian workers in specialty occupations to gain permanent residence (Green Card) in the United States. The E-3 Visa is a nonimmigrant work visa for Australian citizens in specialty occupations. Specialty occupations require at least a bachelor’s degree and the application of their knowledge and skills in specialized fields. The EB-5 Visa Program is an immigrant visa that grants permanent residence (Green Card) to foreign investors who can invest a minimum capital in a U.S. business. The investment must lead to at least 10 full-time jobs for U.S. workers.
Going from E3 Visa to EB5 Visa starts with an EB5 petition to the U.S. Citizenship and Immigration Services (USCIS). An adjustment of status from E 3 Visa to EB 5 Visa results in a conditional green card valid for 2 years. The E3 Australian worker gains a 10-year renewable Green Card after the removal of conditions on permanent residence.
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How to Change Status from E-3 Visa to EB-5 Visa?
Here are the steps in changing your status from E-3 Visa to EB-5 Visa.
- Filing of Form I-526, Immigrant Petition by Standalone Investor. Form I-526 initiates your EB 5 petition to the U.S. Citizenship and Immigration Services (USCIS). The EB5 petition includes your business plan that proves resultant job creation and evidence of sources of funds to meet the minimum investment.
- Filing of Form I-485, Application to Register Permanent Residence or Adjust Status. An approved Form I-485 grants you and your dependent spouse and children conditional green cards valid for 2 years.
- Filing Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status. Form I-829 removes the conditions on your green card and grants you, your spouse, and your children lawful permanent residence in the US for 10 years.
How Long Does it Take to Change Your Status from E-3 Visa to EB-5 Visa?
The processing time for changing an E3 Visa to EB5 Visa is between 29.5 and 61 months. The EB 5 I-485 processing time to adjust status depends on the service center you applied for.
What are the Requirements Needed to Change E-3 Visa to EB-5?
You need to complete these documentary requirements for your E 3 Visa to EB 5 Visa application.
- Form I-526 which includes your business plan and proof of legal sources of funds.
- Evidence that the investment in a US business is in a targeted employment area (TEA) if the minimum investment is $800,000. Targeted employment areas (TEA) are rural areas or regions with high unemployment.
- Copies of Private Placement Memorandum for Regional Centers, LLC Agreement, Escrow Agreement, and Subscription Agreement.
- Business permits or licenses, contracts, marketing materials, and organizational structure.
- Tax returns for the past 5 years.
- Copies of the passport of the applicant and qualified dependents.
- Birth and marriage certificates.
- National identity documents.
- Copies of currently and previously filed immigration applications.
When Can You Apply for EB-5 Visa After E-3 Visa?
You can apply for the EB-5 Visa from E3 Visa within the validity of your E-3 status. The E3 Visa is valid for an initial 2 years and can be extended unlimitedly for 2-year increments. Losing your E 3 status requires you to go through consular processing from your home country to apply for the EB 5 Immigrant Investor Visa.
How Long Does the E-3 Visa to EB-5 Take to Process?
The E-3 Visa to EB-5 processing time takes an average of 29.5 to 61 months. The I-485 adjustment of status processing is between 7 to 9 months depending on the service center.
How Long May I Stay in the US on an E-3 Visa?
The E3 Visa has an initial 2-year validity period. E 3 Visa holders can extend their status unlimitedly for 2-year increments. Form I-129, Petition for Nonimmigrant Worker is filed to the U.S. Citizenship and Immigration Services (USCIS) for E-3 Visa extensions.
How Long May I Stay in the US on an EB-5 Visa?
The EB5 Immigrant Investor Visa Program grants an initial 2-year conditional permanent residence to foreign investors and their dependents. An approved I-829 removes the conditions on permanent residence resulting in a renewable 10-year Green Card for the EB-5 investor and his/her dependents.
What is the Difference Between the L1A and EB-5 Visa?
The L-1A Visa and EB-5 Visa are 2 different classifications of U.S. visas. The L-1A Visa is a subcategory of the L-1 Visa granted to multinational managers and employees of global corporations. These are the key differences between the L1A Visa and EB-5 Visa.
- Visa type. The L1A Visa is a nonimmigrant temporary work visa similar to the E3 Visa. The EB5 Visa is an immigrant visa that grants a green card through foreign investment.
- Visa eligibility. The L-1A Visa is specifically for managers and executives of global companies with a US-based office or subsidiary. The EB 5 Visa is open to any foreign investor who can meet the program’s job creation and investment requirements.
- Visa validity. The L1A Visa is valid for an initial 3 years and can be extended in 2-year increments until the maximum validity of 7 years is reached. The EB-5 Visa allows for permanent residence in the US. The EB5 investor starts with an initial 2-year conditional permanent residence. The conditions on permanent residence can be removed to grant a 10-year renewable green card for the EB5 Visa holder.
Can I Switch E-3 Visa to EB-5 While in US?
Yes, you can change your status from E-3 Visa to EB-5 Visa while staying in the US. Your E3 Visa must remain valid when you file your EB5 petition.
Can E-3 Visa Holders Be Rejected in Applying for EB-5?
Yes, E 3 Visa holders can be rejected when applying for EB-5 if the requirements of the program were not sufficiently met or there is missing or incorrect information in the EB5 petition. Common causes for EB5 Visa rejections include incomplete or inaccurate information on I-526, missing documents, insufficient investment, and ineligible project investment.
What is E-3 Visa?
The E-3 Visa is a nonimmigrant work visa for Australian citizens under specialty occupations. E-3 Visa specialty occupations are jobs that require the theoretical and practical application of a specialized body of knowledge.
The E3 Visa resulted from the Australia-United States Free Trade Agreement (AUSFTA) that allows U.S. employers to hire workers from Australia. The U.S. employer files a labor certification to the Department of Labor to initiate the E3 Visa application process. Acquiring a labor certification means that there are no available US workers for the job position at the prevailing wage.
What is EB-5 Visa?
The EB-5 Visa is an immigrant visa for foreign investors who can invest a minimum capital in a U.S. business that leads to at least 10 full-time jobs for U.S. citizens. The EB-5 Visa grants eligible foreign investors an initial conditional 2-year permanent residence (Green Card) in the United States. The conditions on permanent residence (Green Card) can be removed to allow for a renewable lawful permanent residence for 10 years for EB5 investors and their dependents.
Who is Eligible for an E-3 Visa?
The E 3 Visa for Australian Specialty Occupation Workers has these specific eligibility requirements.
- Australian citizenship.
- A legal job offer from a US employer.
- Qualifying academic credentials (bachelor’s degree or higher). Australian workers with no qualifying degree can use their professional or work experience supported by documents to prove their equivalency to a degree.
- An unrestricted license, registration, or certification if applicable to their occupation.
- A job in a specialty occupation.
Our page on E-3 Visa has complete information on eligibility and requirements for the US Work Visa for Australian Citizens.
Who is Eligible for an EB-5 Visa?
The EB-5 Visa Program is open to any foreign investor who can meet the following eligibility requirements.
- Minimum investment of $800,000 in a TEA. The investment for a non-TEA is $1.05 million.
- Proof of legal sources of funds such as wages, business profits, inheritance, loans, or gifts.
- Full-time job creation for at least 10 American workers.
Our page on EB5 Requirements has the full information for the requirements in an EB5 Program application.