EB-5

Asked over 1 year ago - 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. Carl Michael Shusterman

    Pro

    Contributor Level 20

    14

    Lawyers agree

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    Answered . 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)
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    600 Wilshire Blvd., Suite 1550
    Los Angeles, CA 90017
    (213) 394-4554 x0
    Web: www.shusterman.com (English)
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    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
  2. Win Chester Eaton

    Pro

    Contributor Level 10

    5

    Lawyers agree

    Answered . 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.

  3. Sunit Pankaj Kumar

    Contributor Level 6

    4

    Lawyers agree

    Answered . 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.

  4. Wendy Renee Whitt

    Contributor Level 15

    4

    Lawyers agree

    1

    Answered . 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.

  5. Myron Russell Morales

    Pro

    Contributor Level 16

    4

    Lawyers agree

    Answered . 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
    info@moralespllc.com

  6. Robert V Cornish Jr.

    Contributor Level 16

    4

    Lawyers agree

    Answered . 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... more
  7. F. J. Capriotti III

    Contributor Level 20

    3

    Lawyers agree

    Answered . 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... more

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