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San Mateo, CA |

I'm currently working in the United States on H1B. Am I eligible to apply for Green Card through EB5? If yes, does the investment need to come from outside of the United States or can I raise the capital domestically here and then invest?

Attorney Answers 7

  1. EB-5 cases are extremely complex. There are strict rules, and you will need to retain at the very least an immigration attorney and a business attorney to assist you. You may also need a securities attorney or other experts. Set aside a budget for consulting with these professionals before you do anything else and schedule appointments with attorneys in your area.

  2. Yes, you are able to apply for a green card through EB5. The funds may be raised domestically, however, the sourcing of the funds needs to be shown. There are other investment visas available as well. Please feel free to consult me.

  3. I agree with my colleagues ... you really need to meet with an immigration attorney.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship.

  4. You need to be able to show a lawful source of funds, whether from a job or another source; domestic or foreign.

    Myron R. Morales, Attorney
    Morales PLLC

  5. If you are eligible to immigrate under the EB-5 investor category, the fact you are presently in H-1B status is no problem. As long as the money is yours, no problem.

    Please click the link below for additional information.

    Carl Shusterman, Esq.
    Former INS Trial Attorney (1976-82)
    Board Certified Immigration Attorney (1986 - Present)
    Subscribe to our Free Immigration Newsletter
    600 Wilshire Blvd., Suite 1550
    Los Angeles, CA 90017
    (213) 394-4554 x0
    Web: (English) (Spanish)

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

  6. As I am sure you are aware - an application to immigrate to the U.S. through EB5 is a complex process. Investigate both Regional Center opportunities as well as investor held enterprises before you make the plunge. The rules are different. Be aware of international taxation issues - for instance, if you have interests abroad, once you are a permanent resident of the U.S. your worldwide income will become subject to U.S. taxation. This is not the case if you are in H1B - non-immigrant status. I would advise you consult with a State Bar certified immigration specialist about these matters.

  7. Whatever you do, please be sure work with a securities attorney as well to handle your compliance with US securities laws and assistance in performing due diligence on your transaction. It will be money well-spent.

    The foregoing is not legal advice nor is it in any manner whatsoever meant to create or impute an attorney/client relationship.

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