You are here[HOT] Direct Individual EB-5 case -- Is it for you? / [HOT] Is it better to obtain E-2 first before applying for EB-5?

[HOT] Is it better to obtain E-2 first before applying for EB-5?


Is it better to pursue direct, individual EB-5 case directly, or are there some instances where obtaining E-2 visa first and then going for EB-5 case later on offers some advantages?

First, there are certain flexibilities in investment structures that EB-5 offers over E-2 visa. As long as you invest the requisite investment amount (whether $1 MM or $0.5 MM) and you demonstrate 10 full-time jobs creation, EB-5 investor does not have to acquire a majority interest in an existing business. For example, to qualify for EB-5 case, you can purchase a minority interest, i.e., 10% stake in an existing business and you do not have to have a controlling interest, as you have to with E-2 visa. Therefore, if you do not wish to acquire a majority interest in a commercial business, it is definitely advisable to pursue EB-5 case directly.

One advantage in pursuing E-2 case is that you can get E-2 visa more quickly. Therefore, if you urgently need to be in the United States, you have no choice but to go for E-2 case first.

Another advantage in pursuing E-2 case is that it gives you additional time to create jobs. When you go for EB-5 case directly, you have a limited time to create requisite jobs. Therefore, if you are concerned about the possibility of not being able to create requisite job numbers within the time-frame imposed by EB-5 case, it may make sense to acquire E-2 visa first and then make the requisite investment and create the necessary jobs before going for EB-5 case based on the past investment and jobs created while you were in E-2 visa status.

The above are the only reasons why it may actually make sense to travel a more circular road to EB-5 at this time. Therefore, in most instances, it would make more sense to pursue EB-5 directly. However, it should be noted that if you do decide to take this road less traveled (and laden with its own potential problems), you still will have to maintain the jobs you created in the past.