Can E2 visa holders use their existing business to apply for the EB-5?
Can E2 visa holders use their existing business to apply for the EB-5? What are some of the risks they should be aware of?
Yes, they can. If they can expand their business using funds with provable sources of funds, are willing to invest the minimum required amount of capital, and create the requisite sustained ten full-time positions, there should be no issues. If USCIS denies their I-526 petition, they can remain in the US with their E-2 status. The creation of requisite jobs is not necessary for I-526 petition approval. They could receive it based on the expectation of job creation. They could end up receiving a two-year conditional green card but not being able to file the I-829 or file but not get approval if they cannot create the jobs. Clients must, therefore, weigh the pros and cons of business expansion before deciding to embark on this venture. They might decide to invest in a regional center-sponsored EB5 project after all.
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