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: What criminal charges preclude immigration through EB-5?

Question Detail: I have a UK Caution on my criminal record. The Caution is for Common Assault and occurred in a domestic situation whilst defending myself. Would this Caution prevent my I-526 from being approved if I apply for EB-5? And will it be a problem later during consular processing? What criminal charges would bar someone from immigrating through EB-5?

EB-5 Q&A: How can my children finish school after applying for EB-5?

Question Detail: If I invest in a EB-5 program, when can I, at latest, move to the United States? My children want to finalize their school here, which will take about 4 to 5 years before we move to the United States. However, I want to make the investment in 2015. Will that be a problem? Or can I use my visa at any time? Could I just fulfill the U.S. residency requirements while my children finish school?

EB-5 Q&A: What benefits will my family have as EB-5 conditional permanent residents?

Question Detail: I am looking into applying for EB-5 with my family. Once we become conditional permanent residents in the United States, what benefits will we get? For example, will we have social security numbers? I am also worried because my son will turn 18 soon. Will he be required to serve in the U.S. military as a conditional permanent resident?

EB-5 Q&A: How will retirement affect EB-5 visa eligibility?

Question Detail: I am buying a property in Miami, Florida and I intend to live there with my family. I have had a tourist visa for 10 years, but would like to get the EB-5 permanent residence visa. We have children who are 15 and 12 years old. My wife and I will be retired. Can we somehow use this property to apply for the EB-5 visa? Will being retired have any affect on our EB-5 eligibility?


EB-5 Q&A: How will a change of EB-5 business location be viewed by USCIS?

Question Detail: We are trying to invest in a restaurant business in the state of Connecticut and one of our I-526 applications has been filed. However, now we have some problems with the landlord and plan to move to a new business location. How will this change of business location be viewed by USCIS? Will it be deemed a material change?

EB-5 Q&A: How can I invest using untaxed funds in a foreign bank?

Question Detail: I earned more than $1 million over the last few years from lawful foreign sources and these funds are currently deposited in a personal bank account not in my home country. I am considering using only these funds for EB-5 investment purposes. However, as per my home country's tax legislation, since and while these earnings are kept abroad, they are not subject to inland taxation and, therefore, were not included in my inland tax returns. Are these untaxed funds eligible for an EB-5 investment? Will I still need to include my inland tax returns with my I-526 petition?