EB5 Visa Case Study: From E2 Visa to Green Card

Editor:


In this captivating case study, we delve into the story of one of our clients who embarked on a journey to transition from an E2 Visa to a green card based on EB5 investment. Our client’s determination and our firm’s innovative approach ultimately led to a successful outcome. Join us as we explore the challenges faced and the strategies employed throughout this fascinating immigration process.

 

Introduction to Investment Avenues Through Immigration

 

The E2 and EB5 are both investment mechanisms that allow those seeking entry into the U.S. for business purposes to live and work in valid status. However, there are several key differences between the two. The E2 is a nonimmigrant visa that allows temporary status in the U.S. in exchange for a significant investment in a U.S business. From start to finish, the application can be filed and completed within a matter of 6-8 weeks allowing someone to live and work in the U.S. immediately. It does not, however, provide a pathway to lawful permanent resident (LRP) status. The EB5, on the other hand, is an immigrant visa with a direct pathway to a green card and U.S. citizenship. Unlike the E2, the EB5 does not allow for direct and immediate work authorization within the U.S. until someone reaches the stage where they can qualify for a work authorization card. Because of this key difference, applicants applying for a green card through the EB5 mechanism from within the U.S. are typically already on an underlying nonimmigrant visa used for work and status purposes, like an E2, H1B, O1, etc.

 

From E2 Visa to EB5 Green Card

 

Our client, a printer store owner within the U.S., sought our expertise to explore the possibilities of converting his nonimmigrant E2 Visa to an EB5 green card. While his E2 Visa allowed him to work and manage his business in the U.S., it did not provide a direct pathway to permanent resident status. While appreciating his strong desire to become a U.S. permanent resident, we initially encountered difficulties in formulating a viable strategy.

 

The Challenge

 

The primary obstacle in strategy formation was that our client had very limited cash on hand for investment. While substantial revenue was generated by his E2 business, our client used those funds to acquire more inventory, particularly high-end commercial printers. This posed a dilemma, as the act of reinvesting revenue into inventory could be considered retained earnings rather than a qualifying investment for the EB5 process.

 

Creative Solution

 

Motivated by our client’s unwavering determination, we brainstormed innovative approaches to reclassify these assets and distinguish them from retained earnings. After careful consideration, we devised a plan to establish a new legal entity classified as a Limited Liability Company (LLC). By transferring the assets, including the printers, from our client’s sole proprietorship to the newly formed LLC, the transfer could be considered an investment for EB5 purposes. The LLC would then serve as the designated new commercial enterprise (NCE) required for the EB5 green card.

 

Navigating the Immigration Process

 

The first step involved amending our client’s E2 nonimmigrant status, as it had only been approved for his sole proprietorship. We filed an amendment notifying USCIS of the transition from a sole proprietorship to an LLC. This E2 amendment was a crucial step to ensuring compliance with the immigration regulations and underscores the fact that although the nonimmigrant visa (E2, H1B, etc.) someone may be under is separate from the EB5 process, any aspect of the EB5 that involves material changes to a key provision of the underlying nonimmigrant visa should be analyzed for compliance review.

 

To demonstrate the investment aspect of the new EB5 submission, we meticulously documented all the purchase orders and associated inventory values. These records provided concrete evidence that our client had invested capital in the form of printers, fulfilling the investment requirement. This innovative approach allowed us to successfully classify the printers as a qualifying investment.

 

Achieving Success

 

While the EB5 process can be protracted, our client’s persistence paid off. After enduring months of waiting, we received the joyful news that our client’s Form I-526 had been approved. The I-526 immigrant petition is a critical first step in the process that substantiates an individual’s compliance with the EB5 program’s criteria, including the investment aspect. Form I-526 is the meat of the EB5 green card application packet and the foundation upon which the entire structure rests. Although further steps remain, overcoming this significant hurdle marks a significant milestone in the immigration journey.

 

Conclusion

 

This inspiring case study highlights the importance of creative problem solving and unwavering determination in navigating the complexities of the immigration system. Through our client’s eagerness to find a solution and our innovative approach, we are in the process of successfully converting an E2 Visa to an EB5 Visa, unlocking the pathway to permanent residency. We celebrate our client’s achievement and encourage others facing similar challenges to persevere and explore all possibilities. If you have any questions or would like to share your thoughts, please feel free to send us an email. Thank you for joining us. Stay tuned as we share more inspiring immigration stories.

Share this post...

Ashoori Law
4.9
Based on 591 reviews
Jamal Albardwil
1695322620
I was delighted with my experience. Mr. Ehsan Ashoori Was a professional, and free consultation meant free and informative. And he educated me on what to expect and do, the likely outcomes, and how to achieve it. I would highly highly recommend this... immigration law firm to anyone needing an immigration law firm.I wish I could give them 6 stars.100% professionals.read more
Sanjeev Bhalla
1695322329
Ashoori Law is a professional law firm with a great team. We had applied for my daughter's change of status visa and they handled it pretty well and we got the status change without any difficulty. I would strongly recommend them to anyone who... wishes to engage a immigration law firm. They will do a great job as was in our case. I'd like to thank Michael and Sergio as well their entire team for the fantastic work work they did for us.read more
Graem Beddoes
1695304265
Very grateful for the help and guidance in getting our E2
Carolina Marmolejo
1695267069
Very proffessional law firm. My husband & I appreciated their attentive, meticulous and detailed work on our case. They always stayed communicated and responsive to us from beginning to end.
Kaveeta Ramnarine
1695263390
Totally grateful to the Ashoori team for their excellent service. They are very responsive and knowledgeable, they go above and beyond for their clients.Special thank you to Attorneys Rebecca McCarthy and Ehsan Mehri for their continued support in... our process.read more
Shyam Chandrasekharan
1695134280
I wanted to express my heartfelt thanks for your exceptional guidance and expertise in securing my visa extension approval. Your professionalism, attention to detail, and dedication were instrumental in achieving this success. Your support and clear... communication throughout the process were invaluable. I'm deeply grateful for your outstanding work.read more
Malia Hi’ilani
1695090094
Ashoori Law is a very knowledgeable and thorough law firm, with a great team. They gave me confidence in my business plan by providing a free discovery call to see if it was worth pursuing. Very personable and available for all of my questions or... concerns throughout the process. I was granted my E2 change of status successfully. I would highly recommend them for all of your immigration needs.read more
Israt Jahan
1695005054
AshooriLaw is a great choice for our case.they response fast and very helpful.
Beth Jinks
1694583948
Ashoori Law again handled my green card travel document renewal application professionally, and they accurately predicted the processing time. I've tackled similar paperwork alone before, but have now been working with Ashoori for about five years... because they provide peace of mind that everything is handled correctly. Highly recommend.read more
Chris Lejeune
1694554372
At first I was hesitant hiring a lawyer from outside Texas that no one I knew personally dealt with however I am glad I did. These guys are very helpful and friendly. Their knowledge of my case and procedures was outstanding. 5 stars all day long.
Yuvraj Singh
1694452150
I would highly recommend Ashoori law for any kind of immigration services. They are fast, their process is easy and they are professional. I would highly suggest them handle your immigration cases.
Mazen Hanana
1694034589
Thank you for your amazing services as well as for your prompt response to all my queries.Your professional experience was very helpful in submitting, approving and getting my Re-entry permit
Marina
1693967961
Very great! Love, love, love Ashoori Law and his team. They make you feel like family. This is the team that will definitely get the job done. Very friendly and professional!
Nyoka Bandoo
1693967284
Very professional and looks out for your best interest at heart!
arsalan pervez
1693586652
Hello sir u have watsap number
Mohammed
1693507822
My wife & I recently engaged the services of Ashoori Law for Immigration services, and I must say that I am thoroughly impressed with their expertise and professionalism. From the moment I contacted them, they demonstrated a deep understanding of my... case and provided insightful advice that put me at ease. Their legal team, led by Micheal, displayed an exceptional grasp of the intricacies involved in my situation. The Ashoori Law team not only guided me through the entire legal process but also took the time to answer all my questions in a clear and concise manner. Their attention to detail and dedication to my case truly set them apart. I am pleased with the overall outcome and would recommend Ashoori Law for their top-notch legal services.read more
ADAMS GODLEADS
1693336498
Before contacting Michael Ashoori's firm, I had spoken to a few Immigration lawyers, NONE was as patient and responsive as Michael. His firm scheduled a call with an Attorney who turned out to be the most efficient and brilliant lawyer ever.... Stephanie DiPietro was simply amazing. The detail in her notes, cover letter and crisp responses to my plentiful enquires mostly done with a smile was always reassuring. I highly recommend this firm as they are worth much more than they charge.read more
Cheng-Ru
1693283955
I had an exceptional experience with Ashoori Law. I hired Ashoori Law Firm to help with my immigration process. They assigned me a dedicated legal assistant, Jeser, and an attorney, Matthew, to guide me through the process. I am truly grateful for... the responsiveness of Jeser and Matthew. They consistently answered all my questions and helped me prepare all the documents for the application. The team's friendliness and remarkable expertise stand out. I highly recommend Ashoori Law to anyone seeking legal services for immigration.read more
Anas Khan
1693231831
Michael's firm has been very helpful in processing, filing and taking the Re-entry permit to its successful approval. I needed help as I had to travel due to personal emergency for an extended duration and had a lot of questions with no time to... think. They gave us time and clarified all the questions over call, email giving proper directions. Some of the videos on YouTube posted by Michael also helped me figure out that I could reach out to them to take my application forwardThanks to Matthew, Clara, Milena and all the folks who helped.read more
Alyssa Sanders
1693155918
I highly recommend this lawyer for all immigration needs. They were so extremely patient with my situation and my questions, and definitely legitimately cared about the experience had with them. Immigration can be a very difficult and scary... experience and they definitely offered peace of mind. Very Affordable for the quality of services provided. I would definitely use them again in the future and recommend for immigrantion law needsread more
Fauzia Usman
1692904100
Thankyou so much Michael Ashoori and your Immigration Attorney Shruti Bali and all team member to help me process me and my family case of E2 Investor Visa. It took Approx. 10 months from Ontario Canada. I Never visit IN person to this Firm,... everything deal and process online. Ashoori Law serve Great Professional Service. Highly recommend.read more
Sonia Rathour
1692849803
Ashoori Law Firm has the most loyal Representatives and lawyers who really cares about their client. They always available to answer any question you have regarding your case and always give the best advise for your best.I got so lucky to have... immigration case in their Hand.read more
Dinesh Perera
1692302786
I am so glad I chose Ashoori Law for my E2 process. They handled my case professionally from start to finish. My circumstances were somewhat complicated and needed special attention in order to get me across the finish line. I must state that I was... extremely fortunate to have had Shruti as my attorney handling my case. She was always very responsive to all my questions and cleared my doubts in every instance. All documents were very carefully handled by her and checked over and over again prior to submission, which i believe is the key to getting the E2 approved. Thank you Michael, Shruti and the entire team for a professional and successful job done.read more
Next Reviews
js_loader
Michael Ashoori Headshot

Michael Ashoori, Esq.

President of Ashoori Law

I’m a U.S. immigration lawyer and I help families, professionals, investors, and entrepreneurs get visas, green cards, and citizenship to the United States.

Since starting my law firm, I’ve helped hundreds of people from all over the world with their immigration needs. I’m very passionate, hard-working, and committed to my clients.

Got a question? Send me an email.