Preeti Sinha

How can I change from E-2 classification to an EB-5 visa?

I have invested $800,000 in a rural area and got my E-2 approved. I acquired the business through my corporation. There were four existing jobs, which I am continuing. Can I show the same capital for an EB-5 investment? How could I meet the ten job minimum requirement for EB-5? Could I create six more jobs, and show the total number of jobs as six new jobs, plus four already existing jobs?


Mark Ivener
January 08, 2016 06:11 PM  Mark Ivener

The existing 4 jobs do not count; you need to add 10 more and show investment created those jobs.

Philip Cohen
July 25, 2017 03:21 PM  Philip Cohen

It is also worth noting that EB-5 funds could be applied to expand the business that was already started, however, as Mr. Ivener has noted, the job creation (10 jobs) would have to be net new jobs.

Marko Issever
December 08, 2018 10:59 PM  Marko Issever

You cannot count the existing jobs. The jobs you create need to be 10 or more new jobs. There is one more issue you need to be cognizant about and that is source of funds. The source of funds scrutiny you went through on the E2 is much less onerous than the one you will need to go through for the $ 800,000 you originally invested in the E2 visa.


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