Can I apply for E-2 and EB-5 at the same time?

Technically, there is no rule that prohibits pursuing the E-2 and the EB-5 at the same time, as long as you meet the requirements of each category. The sensitive point is not any prohibition, but rather the conflict of intent between the two visas.

The E-2 is a nonimmigrant visa, available to citizens of countries that have a trade treaty with the United States, for the purpose of establishing and managing a business. Because it is a nonimmigrant visa, it is based on the premise that you do not intend to immigrate permanently.

The EB-5, on the other hand, is a path to permanent residence: by petitioning, you clearly demonstrate the intention to settle in the United States. That immigrant intent can, in certain situations, complicate the issuance or renewal of the E-2, if the consular officer or USCIS determines that a permanent stay is intended.

• There is no legal prohibition against pursuing both processes.
• The E-2 does not allow dual intent (‘dual intent’).
• A pending EB-5 petition may weigh on the E-2 adjudication.

Planning is therefore the key word. Before pursuing both paths, evaluate the sequence and strategy with an immigration specialist and confirm current guidance from the official USCIS source.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.