You are hereFrequently Asked Questions / EB-5 Eligibilities & Requirements: I-526, CPR & I-829 / [Q] Can I file I-526 now based on the investment made and jobs created in the past, let's say during my E-2 visa status?

[Q] Can I file I-526 now based on the investment made and jobs created in the past, let's say during my E-2 visa status?


[Q] I obtained E-2 visa 3 years ago by buying hotel for $2 Million USD and expanding and hiring additional 12 full-time jobs. Can I now go for EB-5 case based on this past investment and job creation?

Generally, the answer is YES, but how your investment for E-2 visa amount was spent and where it came from should be analyzed. For example, if the E-2 business itself invested its profit, then such investment would not qualify, because such spending would be deemed as "reinvestment" rather than a personal investment from the EB-5 investor. Also, if the investments were made little by little over a long period of time, that might pose some problems in demonstrating that you iinvested the requisite amount. You should also see if your business can maintain those jobs you created during your E-2 visa period for next several years. Then, if everything checks out, you can file I-526 petition to start the process rolling. Under the EB-5 law, just because you already invested and created the jobs, you cannot go straight to LPR status; you have to go through I-526 petition, CPR status and then LPR status via I-829 condition removal application.