Global Investor Visa

Can I switch from an E-2 visa to an EB-5 visa, or vice versa?​

Indeed, it is possible to switch between an E-2 visa and an EB-5 visa (or vice versa), but there are several issues or steps to consider. To switch to EB-5, you must meet the EB-5 requirements of having an eligible investment, creating at least 10 jobs (full-time) for U.S. workers. If you are already in the U.S. on E-2 status, you can file for a change of status to EB-5 without having to leave the country, as long, of course, as you meet the new requirements. The EB-5 does allow for dual intent, whereas the E-2 visa does not; therefore, the switch is easier from an immigration intent perspective. If you are going from EB-5 to E-2, you would need to surrender your permanent resident status, and the E-2 visa application as a non-immigrant. That transition is more difficult and will likely involve applying from outside the U.S. as well. In each case, we advocate having an immigration attorney to advise you.

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