OberonK

Hi All,

I've been reading around, and I've come across posting mentioning people moving from E2 straight to Green Card. I'm under the impression that this isn't possible (E2 being non-immigrant and not dual-intent) - people must be adjusting status to another visa, but none of the posts I've read mentions which visas these people moved to. One post mentioned the owner of a tanning salon expanding to 3 shops and then advertising for a manager. When no-one suitable was forthcoming they essentially filed for themselves through the company (after going through PERM) and then got a GC.

Can anyone shed any light?

S Folinsky

Sigh. Depending upon the facts, it may very well be possible to go from E-2 to green card. It depends upon the facts. I know of a case where a gentleman purchased an existing business which then proceeded to operate at a loss thereby becoming a "distressed enterprise" thereby making him eligible for EB-5 classification.

People read way too much into the "dual intent" issue. [I put "dual intent" in quotes since the original "dual intent" concept became distorted over the years]. It should be noted that the "E" definition lacks any "home abroad" language. Furthermore, "E" contemplates a long time sojourn in the US which can commonly be considered "permanent."

9 FAM 41.51 note 15 is available on the internet [I just looked].

You may want to consult with qualified counsel. J Craig Fong in Hollywood is a BE member, all around good guy, and quite knowledgable.

OberonK

Thanks Folinsky - this isn't an avenue I was thinking of pursuing myself, I was just wondering as it's something I came across.

I could see how a move to an EB-5 would be possible under those circumstances, I was thinking perhaps an EB2 would do the trick if you could stand the wait!

S Folinsky

As an aside: I've noticed on these forums that, from time, to time a fact that is true in 99% of cases becomes an article of faith. I feel that it is worth exploring whether or not a person is in that 1%. Also, it is not at all uncommon for a person to qualify for something else that they had not even thought of.

Good luck.

ddatt7

Interesting.....

so your saying that if you had an E2 visa there are ways of getting a GC without having to wait for numerous years????? Also to get an E2 visa is there an amount of money you NEED to invest in either a new business or current running business.

Sorry for being so green!!!! All new to me and still in early research..

Thanks

OberonK

yes, I suppose it could be possible. One avenue, as Folinsky points out, is to have a business in distress (i.e. doing very badly). If you read the FAM the exact specifications are in there. Then if you do wonders with it it could qualify as aN EB5 - boom, 'instant' GC. Note that instant in this case still means a wait of a year or so whilst they process it. Instant in this case means no switching to another visa to then apply. There seems to be no 'instant' at all from what I've read! There's Earth time, and USCIS time. The 2 bear no relation to each other.

I came across the instances of someone buying a business on E2 visa, then expanding the operations CONSIDERABLY (by 3 shops!), they advertised for a manager and because they couldn't find an American suitable/qualified they went though labour certification and were able to essentially sponsor themselves for a skilled/professional worker (EB2). However, according to the visa bulletin the wait for this category is currently 6 years (processing July 2005 I believe) so you'd have to continue on the E2 and stay in status until such times as the date on your visa application (your 'priority date' becomes current.

So I guess there are ways and means whichever visa you're on. Depends on how much a) cash, b) time and c) gumption you've got.

So good luck in your research, there's loads of information floating around (Start with Pulansky's Guide, sticky at the top) but do bear in mind not everything you read on the Internet is true! Also note my opinions are just that. I'm not qualified in any way shape of form. I simply have no life and have read an awful lot lol

Ray

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