EB5 Green Card

EB-5: Employment Based Immigration – Immigrant Investor Program

Congress created the Immigrant Investor Program, also known as the EB-5 program, in 1990 to stimulate the U.S. economy through job creation and capital investment by foreign investors.

Eligibility

To qualify for the EB-5 program, a foreign investor must make a minimum capital investment into a new commercial enterprise that creates and/or preserves permanent full-time employment for at least 10 qualified U.S. workers.

You may be eligible to be classified as an EB-5 immigrant investor if you:

Green Card

Options for Nonimmigrant Workers Following Termination of Employment

Release Date 

U.S. Citizenship and Immigration Services (USCIS) is providing information for nonimmigrant workers whose employment has terminated, either voluntarily or involuntarily. These workers may have several options for remaining in the United States in a period of authorized stay based on existing rules and regulations.

Applying for an EB-5 investment green card investing in an IT company while on F-1 student visa; petition requirements; job creation; processing times, etc.

Question details

Question: My sister has been on F-1 status, currently on OPT and I want to file for her EB5 visa. I will fund her 75% of my money with cash that I earned from W2 and may get an equity loan if needed (total 800K). She wants to open an IT consulting company in Rural Area while on OPT. I have the following questions.

1. Is an IT consulting company a valid investment in terms of USCIS because one attorney mentioned it is not?

2. Does the count of hiring U.S. residents begin after the company is founded or after an I-526 application is filed?

3. How long will it take to get a conditional green card? How about non-conditional?

4. Is it a good idea to file now while on OPT-EAD or wait until she gets H-1B? She has another 2.5 years remaining on OPT.

5. Is it okay to use AP/EAD after she gets it while OPT-EAD? Can she still apply for H-1B after I-1485 is filed?

 

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FAQ Transcript

1. Not only should there be an investment that investment should be needed to set up that business.

2. When you file your first set of forms (Form I-526) at that time you provide a business plan and you tell the government that once the I-526 is approved within two years or soon thereafter you  will be able to create ten American jobs. You have about four years to create American jobs.

3.  You can actually look those times up. 

4.This is also complicated because if she gets her H-1B she's allowed to work only for the H1B employer. This should be planned in detail with a lawyer. At least theoretically this is feasible

5. She can still apply for an H-1B after I-485 is filed. It is theoretically possible, at least at the USCIS level but at the consulate level it is a different story.