Why E2 Visa holders are looking at the EB5

Many are familiar with the E2 visa program which has been the traditional route for immigration to the USA. However, for those who have resided in America for a number of years there has been a degree of anxiety, as well as expense at renewal periods. It is increasingly clear that renewal of the E2 visa cannot be taken for granted however long you have lived in The States.

New E2 applicants are finding a lengthy waiting period, possibility of rejection, and the need to inject an increasingly higher level of funding to find a qualifying business.

There are particular concerns

• If you wish to retire,
• Have children approaching their 21st birthday,
• If you want to remain legally in The USA

Another downside is the E-2 has 'non-immigrant' status, which has serious implications few point out.

There are thousands of E2 visa holders living in the US, sooner or later they are going to have to confront their status and sort it out for the long term, if they sell their business or it ceases trading, their visa will not be renewed. Also, their children at 21 will need their own visas or be forced to leave the US. Such a lack of security may not suit everyone looking to reside in the US.

Comments from Consular Office

'I would also like to point out that a non immigrant (E2) visa is not a good option for someone who intends to reside permanently in the United States. If the investor retires or sells their investment, his or her visa status lapses and he or she must leave the US. Only single dependent children under 21 are eligible for visas to accompany their investor parent, and when these children turn 21 they lose their status as a dependent and their visa. The more secure option for those that have the necessary capital is the permanent resident (green card EB5) investor visa. In this case the required investment is one million dollars, or under certain circumstances $500,000.' John Caulfield, Consul General, US Embassy London.