Immigration Law

EB-5 Q&A: When can relocated employees be counted towards the EB-5 requirement?

Question Detail: My friend is a U.S. citizen who owns a thriving business in Texas. He wants to expand the company to an office in Los Angeles. We are thinking this would be a good opportunity for me to invest and apply for EB-5 at the same time. Will a new location of an existing company be eligible for EB-5 investment? What if some of the employees relocate to Los Angeles? Can we count their new jobs towards my EB-5 job requirement?

EB-5 Q&A:How can I reapply for EB-5 if I already received permanent residency?

Question Detail: I have a permanent U.S. green card (earned from EB-5), but I have been living outside of the United States since December 2009. Am I still considered a U.S. permanent resident? If not, would I be eligible to immediately reapply for permanent residency through the EB-5 program? Would my previous EB-5 application disqualify me?

EB-5 Q&A:How will two L-1 visa rejections impact an EB-5 direct application?

Question Detail: I am the owner of a Brazilian company and I founded another based in Chicago in 2005. I have had ups and downs with the U.S. business and had up to five full-time employees. Currently I have one full time and one part time employee. Our gross revenue is in the 500,000 to $1 million per year. I applied for the L-1 visa and was rejected, and appealed and was rejected again. Will the fact that I have had two L-1 visa rejections affect my EB-5 eligibility if I apply? What requirements will I have to meet if I apply for the EB-5 visa?


EB-5 Q&A:When is the age of a child relevant in the EB-5 process?

Question Detail: My daughter will turn 21 years old in December. My goal is to apply for EB-5 by July. Will my daughter still qualify to receive her green card if I apply for the EB-5 visa before her 21st birthday? In other words, when is the age of my child relevant in the EB-5 process? Does her age count on the date that I file the I-526, or not until we receive the conditional green card? Is my daughter in danger of aging out?

EB-5 Q&A:How does an investor apply for an MBA during I-526 processing?

Question Detail: I will be filing my I-526 soon. Hopefully I will get the receipt back within a couple of weeks. I have Chinese residency and am currently holding an H-1B visa here in United States. Based on current updates, I have to wait for around two years to get the I-526 approved. I am thinking about applying for an MBA while the I-526 is still in process. What do I need to do to stay in the United States for an MBA while waiting for I-526 approval?

EB-5 Q&A:What happens if a current EB-5 applicant gets married to a U.S. citizen?

Question Detail: I currently have my conditional EB-5 green card. I also just got married to a U.S. citizen. Now I am wondering if I can change my status from the EB-5 conditional green card to a permanent green card through the marriage? How would I go about closing the EB-5 application? Or would it be faster to just stay on the EB-5 route?

EB-5 Q&A:How can a married couple make an EB-5 investment using a loan?

Question Detail: I am from China. I plan to apply for EB-5. I heard there was some change for loans recently. I want to invest by taking a loan on the house of my husband. I paid for this house eight years ago. I understand the house will be the collateral for the loan. Based on the new rules, who should be the principal EB-5 applicant - would it be better if I am the principal applicant or him directly?

EB-5 Q&A:How is a personal business selected for EB-5 investment?

Question Detail: If I do not want to invest through regional centers, can I invest $500,000 into my own, personal business and qualify for the EB-5 green card process? I do not have any business yet. If yes, can I start ANY kind of business? And where would the business have to be located? Where can I get assistance in choosing what kind of personal business to invest in for EB-5?