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?
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)
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.
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.
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