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The EB-5 Program Is Ideal For

  • Foreign nationals who own businesses outside the U.S. and are interested in setting up a new business here in the U.S. Some of these individuals will not qualify for other immigration option, such as the L-1 non-immigrant visa category, because the overseas company may close upon the transfer of the owner/manager to the U.S., or because the individual does not possess the one year of managerial/executive experience abroad, as required by this category. Some potential L-1 visa applications who are nationals of countries (such as China or Russia) for which USCIS views startup L-1s with great suspicion, may also find the EB-5 program as appropriate.
  • Others may not qualify for the non-immigrant E-2 visa category because the U.S. company will not create any jobs or sufficient jobs in the near future. Also, others may not desire to wait to apply for permanent residence until the U.S. company has engaged in active business for one year.
  • CEOs/managers of companies who are not transferees &- With H-1B numbers unavailable due to the annual quota, or H-1B workers approaching their H-1B 6-year limit and with labor certification sometimes not an appropriate option, another solution, such as an EB-5 investment may be necessary.
  • Foreign nationals in multiple-year immigrant quota waiting list &- As quotas in virtually all family and employment-based categories get longer, and with the prospects worsening, a permanent residence category with no quota wait becomes even more attractive. With long quota wait and no derivative status available, visa options are very limited
  • Foreign national affected by the Department of Labor (DOL) regulations requiring employers to pay labor certification fees and costs &- Some employers either cannot or will not pay the legal fees and advertising costs associated with the labor certification application on behalf of foreign national employees. If this is the case, such individuals will need to pursue another option.
  • Physicians who have not passed USMLE 1, 2, and 3 &- Unless the doctor has a level of national prominence, H-1B status is not an option.
  • Foreign nationals who do not possess extensive documentation regarding their achievements.
  • Wealthy foreign nationals &- self or through relatives.
  • Related to the above, F-1 students interested in starting their own businesses &- Since both on and off-campus employment may be unavailable to these students, wealthy parents may gift the necessary EB-5 funds to them.
  • Parents not interested in the active management of, or employment in, a business but would like their children to be able to attend school in the U.S. &- There are times when an F-1 visa may not be an option because children are pre-college or because of difficulties establishing non-immigrant intent through INA §214(b). The EB-5 investment route would offer a relatively prompt path to permanent residence without a commitment that the parents work in the U.S. Further, the possibility of qualifying for in-state tuition on a relatively expedited basis is a special bonus of pursuing the EB-5 immigrant visa option.
  • Non-workers &- such as retirees, students with wealthy parents, disabled
  • Foreign nationals who have an urgent need or desire to become a permanent resident of the U.S.