You are hereEB-5 Eligibilities: I-526, CPR & I-829
EB-5 Eligibilities: I-526, CPR & I-829
Who are eligible or ineligible to pursue EB-5 case?
[Q] If an Iranian national's investment money comes from an Iranian bank, then any additional requirement?
According to another EB-5 practitioner, Boyd Campbell, "although Iranian Transaction Regulations do not require a U.S. business to get an OFAC license in order to accept Iranian citizens' investments from Iranian banks, but USCIS requires the license anyway, and OFAC has obligingly issued them, citing no authority to do so."
[Q] My wife and I are currently in E-2 status with an approaching E-2 expiration date. Any issues in processing EB-5 case?
[Q] My wife and I are currently in E-2 status with an approaching E-2 expiration date. We are considering an EB-5 case. Any potential issues?
Whenever applicant in NIV status is considering an EB-5 case, there are issues involving maintaining NIV status. Therefore, a detailed paid consultation is recommended to elicit key facts and then decide on the best course of action.
[Q] Can Iranian nationals pursue EB-5 cases?
Yes, but it should be noted that certain banks in Iran are on the prohibited list of United States governmental agencies. You need to make sure the bank used to wire funds is not on this prohibited list. If the bank does appear on the prohibited list of banks, then you need to obtain a license clearance from a U.S. governmental agency.
[Q] Any issues with buying an existing car wash biz to pursue a $1 Million direct investment EB-5 case?
Yes, with any EB-5 case involving a purchase of an existing business, such as restaurants or car wash, the problematic issue is not with whether such business will qualify as a "new commercial enterprise" -- it will if the business has been originally established after November 29, 1990 -- but with how the EB-5 investor's investment into such business will create 10 additional, new full-time posit
[Q] Can I file I-526 now based on the investment made and jobs created in the past, let's say during my E-2 visa status?
[Q] I obtained E-2 visa 3 years ago by buying hotel for $2 Million USD and expanding and hiring additional 12 full-time jobs. Can I now go for EB-5 case based on this past investment and job creation?
Generally, the answer is YES, but how your investment for E-2 visa amount was spent and where it came from should be analyzed. For example, if the E-2 business itself invested its profit, then such investment would not qualify, because such spending would be deemed as "reinvestment" rather than a personal investment from the EB-5 investor.
[Q] If I, the principal investor, dies after acquiring CPR, can my wife and kids get permanent green cards?
Yes, under the EB-5 law, if you, the principal investor, dies you and your family acquire CPR status, your dependents can apply for I-829 separately and are eligible to receive permanent green cards.
[Q] If I apply as a principal, who are eligible to immigrate with me via EB-5 case? Do they have to?
If you do EB-5 case, your spouse and unmarried children under 21 years old can immigrate together. Step-children qualify under if certain conditions are met. They do not have to immigrate with you, if they do not wish to.
No, your parents cannot immigrate with you. They can do a separate EB-5 case, however.
[Q] I have a DUI (driving while under influence of alcohol) records. Will this pose any problem with my pursuing EB-5 case?
Most DUIs do not make applicants ineligible to receive immigrant visas. However, in the event you have one DUI record during the last 3 years before the immigrant visa interview or total of more than two DUI records at any time, you will have to obtain a medical opinion letter from a designated medical doctor to show that you are not addicted to alcohol, before you receive immigrant visa. This may take additional month or two. Therefore, you may have to make plans accordingly.
[Q] I am in the middle of labor certification case. Can I still file EB-5 case?
Yes, under the U.S. immigration law, two separate cases to obtain green cards may be pursued at the same time, but you cannot obtain green card status through another classification if you already have a green card status until your green card status is terminated or abandoned. A careful evaluation of what stage you are currently in the middle of your labor certification and whether there is a real need for you to pursue the second avenue need to be conducted.
