You are hereE-2 to Green Card Issues
E-2 to Green Card Issues
[Q] If I am considering changing to EB-5 from my current E-2 status, what factors do I have to consider?
Note that retained earnings of E-2 enterprise does not constitute investment capital for EB-5 case. In other words, the profit the U.S. enterprise earned, kept in its bank account and then reinvested the profits into the company to buy new equipment and expand, do not count as capital investment for EB-5 purpose. In order to count as capital investment for the purpose of EB-5 case, the investor would have to show that the E-2 enterprise has paid its profit to him or her as salary or dividends, and then this money has been invested directly from the individual investor to the U.S.Read more
[Q] When an E-2 status holder files I-485, is there special form that needs to be included?
Yes, Form I-508 Waiver of Privileges should be included with the adjustment application packet.
[Q] How long do I have to wait before I can pursue a "green card" through various immigrant categories?
An E visa is a non-immigrant visa, which means obtaining E visa or status odes not lead to a "green card".
To answer your question, there is no specific period of time you have to wait before you pursue a green card through various categories if you qualify. For example, you can try to pursue green card through EB-1 multinational executive/manager category or EB-5 case one month after you obtain E visa or 3 years after you obtain E visa.Read more
[Q] What are advantages and disadvantages of regional center based EB-5 case compared with E-2 case?
The advantages of Regional Center EB-5 case over E-2 visa are:
1. Since E-2 is a nonimmigrant visa/status, obtaining E-2 does not lessen the need to obtain permanent resident status.
2. With RC EB-5 case, you can reside anywhere in the U.S., whereas with E-2 visa, you have to reside near the location of your E-2 business.Read more
[Q] Can I pursue an EB-5 case where I invested and created jobs several years ago in the past through an E-2 investment?
USCIS Answer: Yes, the jobs created a number of years ago still count, and yes they must be maintained during the conditional resident period.
[Q] My wife and I are currently in E-2 status with an approaching E-2 expiration date. Any issues in processing EB-5 case?
Whenever applicant in NIV status is considering an EB-5 case, there are issues involving maintaining NIV status. Therefore, a detailed paid consultation is recommended to elicit key facts and then decide on the best course of action.
What my George Washington tax law professor said about the tax law applies equally to immigration law: "Everything about tax law (immigration law) and sex is about the timing."