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...

Excellent
Ashoori Law
Based on 836 reviews
Engr Sarfaraz M.
Ashoori Law is the best company for immigration visa
I able to get visa within 6 months
I received visa and quickly support before interview and after interview
The Ashoori Law makes me so happy
Christine C.
Ashoori Law helped me with my E2 application approval. Cristina, my lawyer, is very patient in answering all my questions and in guiding me through the process. She really knows this field very well. Ashoori also recommended the best services from Business Plan to Business Registration. The money you spent with them is all worth it.
simar jeet C.
I had great experience with Ashoori law firm for my Business Visa Application that Approved at Sydney Consulate. Their professionalism, expertise and genuine care made the process smooth and stress-free. I am grateful for their kind approach.I highly recommend this Law firm.
ana E.
Good team and very professional
Cecilia S.
Ashoori Law was great to work with from the beginning of our journey. The whole process ran smoothly. They work with outside firms that are very professional. Our paperwork was submitted timely and efficiently. The ultimate result...my husband received his green card! Thank you Ashoori Law!
Javonna T.
The staff at this law firm demonstrated exceptional professionalism and attentiveness in addressing all of my mother’s needs and concerns with her re entry permit. Ashoori Law is honest and transparent, which is hard to get from lawyers. Every question was answered with clarity, respect, and thoroughness. Yuliya, in particular, was remarkably patient and provided guidance regarding the necessary steps moving forward. I would not hesitate to recommend this law firm to friends and family seeking reliable legal support.
Saketh G.
⭐⭐⭐⭐⭐
I cannot express enough gratitude for the incredible support and expertise provided by Ashoori law attorneys and his team throughout my EB2 NIW application process. From the very first consultation to the successful conclusion of my case, every step of the journey was handled with utmost professionalism, care, and dedication.

Attorney's possesses unparalleled knowledge and insight into the nuances of immigration law, especially when it comes to the EB2 NIW category. He carefully analyzed my professional background and crafted a compelling case that highlighted my achievements and contributions in the field. His ability to strategize and personalize the application process truly made all the difference.

What stood out most was the seamless communication and collaboration. Attorney's and his team were always readily available to answer my questions, address concerns, and provide updates. They patiently guided me through complex legal requirements and made sure I was well-informed at every stage. Their attention to detail, thorough documentation, and proactive approach made the process incredibly smooth and stress-free.

Additionally, the level of teamwork and coordination within Attorney's office was remarkable. Each member of the team demonstrated genuine care and commitment, ensuring that no stone was left unturned. Their diligence and hard work were evident in every aspect of my case preparation.

Thanks to their exceptional efforts, my EB2 NIW petition was approved successfully. It is a life-changing milestone, and I owe it all to Mr.Ashoori and his team. Their dedication, expertise, and unwavering support were beyond anything I could have hoped for.

If you are seeking an attorney who is not only knowledgeable but also compassionate and truly invested in your success, I wholeheartedly recommend Ashoori law firm, Choosing his firm was the best decision I made, and I am eternally grateful for the positive impact they have had on my future.
Lorna M.
I can highly recommend your services it’s extremely helpful…you guy’s are rock 🤘🏿
faraz K.
Me and my business partner both got successful results while applying for an E1 treaty trader visa from Pakistan. I am highly satisfied with their service and would like to recommend everyone to seek their advice as they are one of the best professional consultants ive come across in my life.
Momin H.
I had the pleasure of working with Antonio for my E2 COS process, and I couldn’t be more satisfied with the experience. From start to finish, he was incredibly supportive, responsive, and knowledgeable. He made sure every step of the process was smooth and stress-free, always available to answer my questions and provide guidance whenever needed.

Antonio’s professionalism and dedication truly set him apart. His attention to detail and commitment to ensuring a seamless experience exceeded my expectations. I highly recommend his services to anyone looking for reliable and expert assistance.

Thank you, Antonio, for your outstanding support!
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 thousands 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.