The iBlog

Question Detail: What happens if the main applicant on the I-526 petition dies before the petition is approved? Can the spouse be substituted in place of the main EB-5 applicant?

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?

 

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?

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?

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?

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?

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? 

Question Detail: If multiple part-time waiters working for the same restaurant aggregate working hours to 35 hours per week, can this be counted as one full-time EB-5 job? What are the requirements for "job sharing" arrangements? Have there been any real successes in getting USCIS approval of this kind of arrangement?

 

Question Detail: I became a U.S. permanent resident through EB-5 in April 2015. I stayed in the U.S. for one month and then exited in May 2015. I am planning to re-enter the U.S. at the end of September 2015 for just two weeks and then exit again for the next four months because I want to continue my job in a foreign country until mid-January 2016, after which I will permanently move to the U.S. Would this plan be executable while maintaining my permanent resident status? How frequently can I travel outside the United States as a permanent resident?

Question Detail: My I-526 petition was rejected. Will I get in trouble if I now apply for a B1/B2 to visit the United States? When can I apply for EB-5 again? What are the consequences of an EB-5 application being rejected?