Employment Based Green Cards Sample Cases

We were retained by a client who was in USA on B-2 status and wished to apply for green card through EB-5 investor/entrepreneur category. We obtained a B-2 extension and simultaneously filed the EB-5 petition. Client was in the process of investing $1 Million in an existing business. $500,000.00 of the investment was in the form of cash (some portion of which was gift money) and for the remaining $500,000.00, a promissory note was executed and secured by foreign personal assets of client.

Since the business in which the client proposed to invest was already experiencing financial difficulties, we were successfully able to prove that it qualified as a troubled business, i.e., a business that had been in existence for at least two years, and had during the twelve or twenty-four month period prior to the priority date incurred a net loss of at least twenty per cent of the business's net worth prior to such loss.

USCIS initially issued an RFE, mainly raising issues about source of funds. We provided comprehensive tabular explanation along with the appropriate documents to trace the source of funds. One of the challenges was proving source of funds for the money coming from a Joint Family Account. We were able to successfully show that money pooled into “Hindu Undivided Family Fund” properly known as HUF Account, becomes a joint family property, and passes through testamentary succession, therefore as such, our client is the lawful owner of those funds, which her husband left in HUF Account after his death. We provided further evidence that client’s husband had income from lawful business activity, therefore it qualified as ‘lawful investment’ under EB-5 regulations.

USCIS accepted all our arguments and approved EB-5 petition.

We filed a petition premium processing for the beneficiary who qualified based on his original contributions, publication record, featured research work in the media and service as a judge of the works of his research peers. USCIS seems to have accepted the veracity of our claim for outstanding ability without a question.  We were issued a request for evidence asking only for proof of the petitioner’s ability to pay. We supplied the most recent financial report of the petitioner, a letter from the CFO as well as copies of the beneficiaries W2 and most recent pay stubs. The case was approved within a week.

We have received two interesting  B-2 extensions.  It has been my view that under certain circumstances  B-2 can and should be permitted by USCIS to be used even where the applicant has an immigrant intent or is otherwise staying longer than usual in USA.  Apparently, USCIS agrees.

In the first case, we were preparing an EB-5 (One Million Dollar investment) for an applicant who was here on a B-2 visa.  So, we disclosed fully to the government that we have immigrant intent, but should not be required to leave because we are in the process of investing.  A forced visit back to home country serves no useful purpose.  USCIS approved the case.

In the second case, we have just received a third B-2 extension for the parent of a green card holder.  The applicant suffers from chronic ailments and needs to be monitored.  Both his sons live in USA (H-1 and green card).  Once again, USCIS approved the case.

We have recently won a case for a physician working in several rural clinics as well as his private practice within a medically underserved area. We were retained following a denial of the I-140 petition for NIW. We filed an appeal as well as an amended (new) I-140 application to show that the physician had met the 5-year service requirements for an NIW. The applicant had moved from one medically underserved area to another while the original I-140 was pending. The issue was whether an “amendment” could have been filed in this case to notify USCIS of the move without an approved I-140. USCIS issued a request for evidence, but acknowledged the applicant’s prior medical service and credited him the time towards his 5-year requirement. Upon receipt of the request for evidence we responded with additional documentation to show the relationship between the physician (medical service provider) and the rural clinics (contractor). We supplied attestation letters from each of the contractors as well as an affidavit from the applicant indicating a commitment to complete his 5-years of medical service in the underserved area. In order to show “full-time” employment, we provided documentation that described the combined service at each rural clinic as well as time spent with patients at his private practice, which more than met the 40-hour requirement. We also offered a letter from the previous employer to document prior medical service.