Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog

State Department predictions for the F-2A visa category for FY2014, including the expectation that F-2A visas for Mexican nationals may retrogress in the spring of 2014. http://ow.ly/sx3NJ

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The BIA found the respondent eligible for asylum, noting the compelling reasons respondent is unwilling to return to Senegal based on past female genital mutilation (FGM) irrespective of whether she has a well-founded fear of future persecution. http://ow.ly/sx2MI

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The Associated Press reports that the nation’s already backlogged immigration courts might soon be thrown into more havoc as roughly half of their 220 judges will be eligible for retirement next year http://ow.ly/sx4mg

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The Senate confirmed Alejandro Mayorkas, currently Director of U.S. Citizenship and Immigration Services (USCIS), as Deputy Secretary of Homeland Security by a vote of 54-41 http://ow.ly/sx1Mj

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▶ The Dream Act Deferred Action for Childhood Arrivals DACA. Finally, a way you can become legal – YouTube http://ow.ly/surHH

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▶ Introduction to the Law Offices of Brian D. Lerner, APC – YouTube http://ow.ly/slKCX

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▶ Asylum Introduction and How to Apply for Asylum – YouTube http://ow.ly/skELg

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Learn about the differences between the E-2 and the EB-5 Visas.

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What’s the difference between the EB-5 and the E-2 Visas?

Question: I have some money to invest in a new business to come to the United States, but I don’t know which visa to use. I have heard there is the EB-5 and the E-2. Can you let me know what is the difference and which one I should use?

Answer: First of all, you have to understand that the EB-5 is for the Green Card. This means that if the EB-5 is approved, you will obtain lawful permanent residency.

Question: What about my family for the EB-5?

Answer: There can be derivative visas for your spouse and your unmarried children under 21 years old. Therefore, all of them can obtain the Green Card because of your application.

Question: What about the E-2. Is this for the Green Card also?

Answer: No. The E-2 is basically a work-permit. It is a very nice work-permit for the entrepreneur, but nevertheless, it is a work permit. It will expire about once every 2 years. You will have to renew it. However, there is no limitation on the amount of times that you need to renew your E-2. In fact, you can come for the rest of your life on the E-2 and renew it time after time.

Question: What about the derivatives for the E-2?

Answer: Unlike the EB-5 which will result in residency if approved, the E-2 can result in derivative status for the spouse and unmarried children of the primary applicant. The derivative benefits are different. For example, the spouse can also come on E-2 and get a work permit to work anywhere without restriction. The children who are unmarried and under 21 can go to school without any problems and without the need for an I-20 or change of status up until they are 18 years old. However, after the children reach 21 years old, they will no longer qualify for E-2 derivative status.

Question: How about the investment? Is that the same for the E-2 and EB-5?

Answer: No. This is one of the biggest differences. In fact, many people will not have the money to qualify for the for the EB-5, but can qualify for the E-2. For the EB-5, you will need $1,000,000 investment. If you invest in a regional center, you will need only $500,000U.S. However, this is still an amount which is clearly a great deal of money.

With the E-2, there is no exact amount. However, you can get an E-2 with an average of around $50,000 to $100,000U.S. investment. Obviously, this amount is much less than required for the EB-5 and opens up many more possibilities.

Question: Can anybody apply for the EB-5?

Answer: The answer is yes. However, this assumes they have the requisite investment and that they are not inadmissible on any other grounds.

Question: Can anybody apply for the E-2?

Answer: No. You must be a citizen of the Treaty Country with the United States. There are many countries that have treaties with the United States. However, many do not. If you come from a country that does not have a treaty with the United States, then the EB-5 is your option for investment.

Either way, you should make certain what are your investment opportunities and what you might qualify for under U.S. Immigration Law.

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Majority of Americans support comprehensive immigration reform that includes a citizenship provision: http://ow.ly/s9Tlv

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