How can we use our E-2 business to get an EB-5 visa?

Typically, continued personal investments are required, but you are in the right mindset at least.

It is best to take the money out of the new business and start a new commercial enterprise from the ground up, or take out the money and invest in a regional center project which has a better chance of success.

New company does not mean the investment has not been counted for any visa. You can still apply for an EB-5 visa even if you have obtained E-2. However, it may not be a good idea to apply for EB-5 in light of the current wait time. You should look into some other options.

Re-investment of profits does qualify for EB-5 purposes; retained earnings do not qualify. If you have withdrawn profits, reported them as personal income and paid any income taxes that were due, you should be able to use the prior investment for a new EB-5 case.

It''s possible to convert an E-2 to an EB-5, but you will have to lay out the qualifications and how the business eventually grew into an EB-5 eligible project. Expand on your initial E-2 business plan and just as importantly, see whether your business is located in a TEA or not (due to COVID, you might actually have a shot). The final major issue you may have based on the background information you provided is that for the additional $1 million to qualify as an EB-5 investment, that money must have been paid to your personal account, which you then used to invest into your business. If it''s never paid out, USCIS will push back and say it doesn''t qualify because that money belongs to the business rather than you.

You may be able to qualify for EB-5. Leaving funds in the business does not qualify as an investment, but speak with an EB-5 attorney and they will guide you.

You can use the funds or profits made as long as you withdraw them and then reinvest them. You will have to reinvest $80000-$1.7 million depending on where the business is located.

The reinvestment can be counted towards your EB-5 as long as you can properly document and source the investment. Converting an existing E-2 business into an EB-5 application is a complex matter. You should have your case evaluated by an EB-5 attorney.