EB5 Green Card FAQs

Monday, February 5, 2024 - 02:16

The path for an entrepreneur from STEM OPT or H-1B


I'm on F-1 OPT with a STEM MS Degree. If I put a startup, I will be performing my roles directly related to the degree.

1) To establish employer-employee relations would having a board of directors be sufficient during STEM OPT?

2) If I apply for EB2-NIW and get I-140 approval then can I immediately shift to other non-tech roles within my startup (CTO -> CEO) Or do I have to wait for 6 months before doing that, all the while when I-485 is pending?

3) If I shift immediately and use I-485 EAD instead of F-1 EAD, then can that lead to I-485 being rejected?

Should I wait at least 6 months before using I-485 EAD? Also, if the startup fails, does that discontinue my I-485 process having approved I-140?



Video URL

Tuesday, December 13, 2022 - 00:26

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: 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?



Video URL

Wednesday, July 29, 2020 - 10:48

How can I qualify for EB-1C/International Managers or Executives


I was in USA on h1b for 11 yrs until august 2019 as senior software engineer and moved/transferred to Canada on September 2019 as software development manager, managing 5 direct reports plus 4 second level reports with the same company in USA and Canada. And now promoted as Director, software development projects support and maintenance, before completing one year as manager. Have I-140 approved and priority date is 2012 july.<br>

1.What is my success rate of getting L1A<br>
2. Also need to re-apply my green card in EB1C, do I need to be in USA or when I am in Canada my company can apply for this. And upon EB1C I-140 Approval can I get L1A and move to USA<br>
3. Is this the correct time to apply EB1C in the next couple of months when 1 year completes or should I wait for visa ban to complete.


Watch the Video on this FAQ:

How can I qualify for EB-1C/International Managers or Executives


Video Transcript

1. Please discuss your job description that is intended in the foreign country outside USA with your lawyers. Make sure you plan for it from day one because if you try to plan for it a year down the line you won't succeed.

2. You can apply an EB-1C and then transfer the priority date from another case. No problem EB-2 and EB-3 can be transferred over. You can come on L-1A. You should definitely at least get your EB-1C started as quickly as possible that my opinion.

3. There is no visa ban in starting the application.

FAQ in detail...

Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Wednesday, September 19, 2018 - 07:56

Green Card Based Upon Investment – EB-5


I am 38 year old Banker working in Doha Qatar, I have 16 year old son studying in 10th grade in Qatar, Recently I came across radio advertisement from Dubai that to avail Green Card I need to invest 500,000/- USD with projects of those construction companies stating that within 18 months I can avail conditional green card and within the next 24 months, I will have permanent Green card. My investment of 500,000/- USD will be returned back after five years without any interest or benefits. Once I will have conditional green card , will my son be eligible to get admission in US universities under Local student fees structure and not international fees structure.


Watch the Video on this FAQ: Green card based upon investment – EB-5

Video Transcript:

When you are doing an investment based green card first of all you have to look at these moving parts:

One set of moving parts is, do you want to invest half a million dollars or a million. Second moving part is do you want to run the business yourself or let somebody else run the business.

So when you invest 500,000 dollars in an approved investment scheme remember it is only approved for immigration compliance expectedly. They can still mess up and they do. There is no guarantee that this scheme will be successful or your money is safe. So don't think that just because the investment scheme has been approved by the government it is either safe or even honest. Nobody can tell you that. You have to assess that. There are some services out there who help you make those decisions. I don't recommend any. I have never used any. We have dealt with EB-5's through investment centers as well as individual businesses.

So if you want to start your own business what you have to do is invest either half a million in some of the areas that are considered to be rural or targeted employment areas where the unemployment is about 50 percent higher than the national average. 

The way the process of the green card works is once you make the investment, whether it is an investment center or your own particular business, you can then file the first set of forms which almost take two years to complete then add to it another six to eight months then you get your conditional green card. Therefore, it takes between two - three years under the current environment.

Once you get the conditional green card you can come to the USA, you can start living here, your son can start going to school. 90 days before the end of the two years another set of forms is filed to remove the condition that shows that ten American jobs have been created and that the investment is on track, that's when you get your permanent green card. More...

Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Wednesday, May 9, 2018 - 08:35

Filing EB-5 Investor Case With a Promissory Note Secured by Property In a Foreign Country


Is it possible to file EB-5 with 200 cash & 300K secured promissory note to be paid in next two years against Indian property?


Watch the Video on this FAQ: Filing EB-5 investor case with a promissory note secured by property in a foreign country

Video Transcript:

Yes, it is possible. The only problem is, I don't remember the exact laws on the duration of the promissory note, I don't think you can delay it all the way to two years. I think it probably will have to be relatively short period of time. More...


Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.


Thursday, October 12, 2017 - 08:31

Current Immigration/Visa Options for Entrepreneurs


What are the requirements to get a visa and green card as an international entrepreneur? Is the start-up visa effective?


Watch the Video on this FAQ: Current immigration/visa options for entrepreneurs

Video Transcript

A few options for Entrepreneurial Visas:

You could come in on E visa, H visa, O visa or TN visa and eventually get a green card based upon various other options including EB-1A if you are extraordinary qualified individual or EB-5 if you are making the required amount of investment and creating the jobs necessary under the rule. 

You can also come in through L-1A if you have a foreign company you have worked outside for that company for at least one year as an executive or managerial employee, you can start a company or buy a company in the United States and transfer yourself or your key managerial employees or employee to the USA. L-1 is the fastest way of getting a green card because L-1 is potentially processed within a few weeks because you can file premium processing and once you are in the USA you can file a EB-1 based green card which will get you seen through the process normally within a year, sometimes as little as three to five months. More ...

Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Tuesday, September 19, 2017 - 01:21

Extension of Investor Visas, Religious Visas, Conrad 30 for Physicians


We are being informed that EB-5 investments in regional centers are now possible until December. The date has been extended. <br>

1) Is this true?<br>

2) Given that a green card is available years after the initial investment, in the current volatile immigration climate, how safe is an EB-5 ?


True. The EB-5, the religious visa programs and Conrad 30 waives for foreign physicians have been extended until 8 December 2017 pursuant to H.R. 601 – Continuing Appropriations Act, 2018 and Supplemental Appropriations for Disaster Relief Requirements Act, 2017.

Green card through EB-5 category continues to be an option for a specific category of investors,  who have the money ($500,000 pr $1M) to invest. Under the US Constitution, the government cannot make laws that change vested rights retroactively. Therefore, if you have already invested and filed your EB-5 papers, I don't see why you need to worry about subsequent changes in the law.

Everyone with a running business outside the United States should seriously consider first the EB-1C category, which is considerably more attractive than EB-5 for several reasons. EB- 1C does not require a specific amount of investment, it requires instead only a business in the United States that is a subsidiary, branch, parent or affiliate of a foreign corporation transferring an executive or a managerial level employee to the United States. The managerial or executive employee receives an L-1A visa within a few weeks and can get a green card within a few months.

Wednesday, December 2, 2015 - 01:13

EB-5 Visa process


Question is, invested money is at risk although the process is approved in compliance to immigration.
<br>By the above compliance does it mean, that when the money is spent completely on the application (approx 560000 USD):<br>
1) Is the conditional Green card guaranteed in 18 months for all cases, and<br>
2) Will conditions be lifted on applying I-829 within another 30 months - guaranteed?<br>
3) The intent of the query is, after spending so much, is there any chance of not getting the permanent Green Card, and if in case not approved, is the entire investment lost or it will be returned?


See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.  


FAQ Transcript:

EB-5 is the investor visa where you invest five hundred thousand either with the pre-approved scheme or what is called regional centres or in a rural area or in a targeted employment area. Typically, where the unemployment is more than 50 percent.

These questions are related to regional centre investments. Regional centres have always made me nervous because remember these pre-approved schemes are approved only for immigration compliance. They are not approved for vigilance by the government. Government doesn’t over see your investments. They are not guaranteed in any way as people can run away with your money. There are investment centre’s that have been fraudulent. Warrants are out on some of these people. But of course lot of them are quite genuine. Unfortunately, we as lawyers are not investment advisers, we cannot tell you which regional centre is safe and which are not, we can tell you what our other clients have used successfully. But that in no way means is going to be a repeat performance of success. So when you put your five hundred thousand in a regional centre there is absolutely no guarantee of the money.

Answer to question 1. It is not guaranteed. It is not 18 months actually. The way it works is you first file the first set of forms I think it is I-526 and if that is approved then you get your green card process rolling. You can’t file for e.g.: AOS and I-526 jointly. It has to be done consecutively. There is no concurrent filing. So once the first form gets approved then the green card gets approved you get a conditional green card. Ninety days before the second anniversary of the approval you have to apply for the removal of the conditional status using form I-829 and you show the government the money is invested in the jobs are almost created.

Answer to question 2. None of this is guaranteed.

Answer to question 3. One involves immigration processing and the other involves the investment itself. The safety of the investment depends on the money where it is invested and how good the centre is. As for the immigration getting approved that depends on the immigration documentation requirements having been completed. This is definitely not a guaranteed process. In fact, the hallmark of EB-5 investment is that your money is at risk.

Friday, October 31, 2014 - 01:53

EB-5 Investment Options to Restructure A Company


Can I just take over an existing business with the required investment and continue?


That depends upon how old the business is and how you wish to structure your ownership.

According to USCIS, an eligible enterprise for EB-5 investment is one that is either established after Nov. 29, 1990, or established on or before Nov. 29, 1990, and is:

1. Purchased and the existing business is restructured or reorganized in such a way that a new commercial enterprise results, or

2. Expanded through the investment so that a 40-percent increase in the net worth or number of employees occurs

Wednesday, August 14, 2013 - 10:31

Employment Based Self Application


1. I have an H-1B visa which it is going to end in October 24,2013. My employer doesn't want to sponsor me for a Green Card, because they said that they only sponsor their managers. Although, their AT&T client doesn't want to lose me. Also, I would like to let you know that I came to US with a F-1 visa,got a Master degree in Business/Computer Information Systems, I have a Bachelor degree in Computer Information Systems (Peru). I would appreciate to know if I can apply it by myself and what chances do I have to get it and in case that I can apply by myself what are the steps to follow.

2. My Master Degree from a US University is not valid, even my work experience which is more than 10 years 6 years here in US and 6 years in Peru. Is it because I am from South America? I would appreciate a better explanation why I don't qualify.


1. Under the current laws, self-application seems not to be an option for you.

2. There are only three categories for employment-based self-application: EB-1A (Extraordinary ability alien), National Interest Waiver and EB-5, investment. There is no category I can think of under which you may qualify for self-application (without an employer's help). If you would like a consultation to understand further, join our free community conference call. A one-on-one consultation may not be necessary.

Do note, if a set of new immigration laws gets passed, all this could change. To keep track of developments in the pending immigration law reform, follow this link: http://www.immigration.com/comprehen...on-reform-2013

Review these links:
EB-1A: http://www.immigration.com/greencard...international-

National INterest Waiver: http://www.immigration.com/greencard...terest-waivers

EB-5 Investment: http://www.immigration.com/greencard...ent-green-card

Monday, April 9, 2012 - 05:00

EB-5 Investment-Based Green Cards


I am currently on H1-B and my I-140 has been approved. Because of the delay in I-485 Processing, I was thinking of doing my green card through the EB-5 Category with a $500,000.00 Investment through a Regional Center or a New Commercial Enterprise.

I had a few questions regarding the following:

For EB-5 through Regional Center
1. What is the time frame for Investing the money? Does it vary per Project?
2. What is the general Return of Investment on these Projects? Does it vary per Project?
3. Can we withdraw the Investment earlier if the Project is a failure?
4. How much involvement is necessary/allowed in the management of the Project?
5. When can I start withdrawing the money after I get my Green Card?
6. Is there any agency/firm that evaluates the Regional Centers?

For EB-5 Immigrant Investor through New Commercial Enterprise

7. Do the 10 people have to employed immediately or over a period of 2 years?
8. If I employ 10 people and put in 500,000.00 in a start up business in a rural area or highly unemployed area towards the income for the employees, is the money counted towards investment?


1. I dont know of any regional center who does not want the entire money up front. They also usually add on a few thousand dollars of additional fees.
2. No idea about ROI. We do not get involved with financial assessments. Not our expertise.
3. Not usually. But this depends upon the project and your agreement. But the green card would fail in such a case.
4. None, usually.
5. Hmm. I do not recall the exact time frame. Sorry.
6. No. Beyond the normal SEC regs, as far as I know, you are, unfortunately, on your own. This is the part about the regional centers that bothers me.
7. Over two years. But your business plan has to show how you will create the jobs.
8. Huh? Yes, of course. But there has to be a connection between the investment and the job creation.

Tuesday, September 6, 2011 - 04:11

Applying for investment visa - regional investment center EB5


If somebody is without status in U.S.A can the person apply for investment visa?


Yes, of course. Especially when you are going through a regional investment center.

Friday, January 15, 2010 - 07:14

EB5 investment visa


For EB5 investment visa, can one of my relative living in USA gift me the $500K required to invest in a "targeted employment area"


I do not see why not. But check with a CPA about gift tax.

Wednesday, May 20, 2009 - 00:48

Investment based green cards


I want to know whether our federal bank (reserve bank of India) is allowing this US $500,000.00 for investment in U.S.A. Then I will ask some more questions like whether it is easiest way to get green card and whether our money is safe in investment (in the regional projects) and the total expenses upto green card release level (apart from us$500,000.00)


We practice US laws so I have no idea about RBI permissions. Safety of money is not guaranteed in any of the trusts that I know of. After all, this is an investment, not a fixed deposit or a CD in a bank. For businessmen with established businesses, L-1A and then EB1 is usually the better option.