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Can an EB-5 investor apply for an E-2 Visa while waiting for I-526 approval?

Nothing bars an EB-5 investor with a pending I-526 Petition from applying for an E-2 Visa, and applying for an E-2 Visa won’t jeapordize the I-526 Petition.It may, however, be hard to prove the nonimmigrant intent necessary for the E-2 Visa with a pending I-526 Petition, which demonstrates intent to immigrate.