The iBlog

Question Detail: I am a business owner seeking to partner with one or more EB-5 investors. I have read that EB-5 "applicants must also ensure that they meet accredited investor income requirements" and that the funds need to be proven that they come from a lawful source - loan, gift, etc. If I have EB-5 investors investing in my business, do I need to make sure they are accredited investors? Is it also my responsibility to check their source of funds? What are my responsibilities as a business owner partnering with EB-5 investors?

Question Detail: I am interested in EB-5 investment program, and want to know the process and procedures. I am currently in my home country. Once my EB-5 application is approved, what is the purpose of the Consulate application? How soon after I submit the Consulate application do I get my EB-5 green card, and then when do I have to enter the United States?

Question Detail: We're a married couple from the United Kingdom. We're thinking of both investing in different regional center projects and both filing an EB-5 application, just in case one of the projects has problems. What problems might arise from us filing our EB-5 petitions at the same time? Would our EB-5 applications affect each other in any way? And if one of the projects were to fail, how could we be included on the other person's application?

Question Detail: I am interested in the EB-5 investment program. Is there a quota for the amount of people in my family that can come over to the United States if I make an EB-5 investment? Is there a limit on the amount I can give to get my family U.S. green cards through EB-5?

U.S. Citizenship and Immigration Services (USCIS), has issued two separate notices to about 2,000 DACA employment authorization document (EAD) recipients. 

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?

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: 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?

Question Detail: What is a Notice of Intent to Deny? How is the NOID different from a Request for Evidence? How should an EB-5 investor respond to a NOID versus an RFE?