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Questions about EB-5 Visa
Straight answers related to this visa.
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Can I work in a different field while my investment is running?
EB-5 investors can work in other fields as long as they meet the visa's requirements, keep the investment active, and comply with legal obligations without compromising their status.
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Can I work in any state after receiving the green card?
With the green card, you can live and work in any US state, provided you comply with immigration laws and stay informed about possible legal updates.
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Can job creation be part-time?
The EB-5 visa requires the creation of full-time jobs, but multiple part-time jobs can be considered together if they equate to the required full work schedule.
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Can job creation include outsourced workers?
The inclusion of outsourced jobs in the EB-5 visa depends on compliance with legal criteria, requiring detailed analysis and specialized guidance for approval.
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Can my child attend public school for free with an EB-5?
Children of approved EB-5 investors are entitled to free public education in the U.S., according to local rules and subject to proper immigration status regularization.
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Can my conditional green card be revoked if I do not attend the I-829 interview?
Failure to attend the I-829 interview can result in revocation of the conditional green card and loss of immigration status; it is crucial to meet deadlines and follow USCIS guidance.
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Can my dependents come to the US before me?
Dependents can only travel after preliminary approval of the principal investor in the EB-5 process, with specialized guidance recommended to ensure legal compliance.
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Can my EB-5 business be a subsidiary of an international giant?
An EB-5 business can be a subsidiary of an international group, provided it fully complies with legal requirements and demonstrates significant job creation.
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Can my EB-5 company have working capital from third parties?
The EB-5 investment must be made with personal and verified funds, but after meeting this requirement, the company can use third-party capital to expand its business.
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Can my EB-5 petition be expedited due to emergency reasons?
The EB-5 process does not provide formal acceleration, even in emergencies; following the laws and seeking professional guidance is essential to avoid risks and achieve better outcomes.
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Can my EB-5 visa be denied even if the investment has been made?
Even with a qualified investment, the EB-5 visa can be denied if essential criteria are not met or if there are inconsistencies in the documentation.
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Can my original citizenship be revoked by my country?
Citizenship is not automatically revoked by the EB‑5; maintenance depends on the laws of the country of origin and U.S. legislation.
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Can my spouse and children be included in the EB-5?
The EB-5 allows the inclusion of a spouse and children under 21 years old as dependents, guaranteeing legal residence in the US for the entire family upon approved investment.
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Can my spouse get divorced and remain on the EB-5?
Divorce affects the EB-5 depending on the individual's role: principal investor maintains status; derivative spouse may lose residence. Specialized consulting is essential.
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Can my wife open the company in her name and I be just an investor?
It is possible for your wife to open the company and for you to be an investor in the EB-5 program, but careful planning and professional guidance are essential to meet all legal and immigration requirements.
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Can parents accompany me if I am a minor making an EB-5 investment?
Parents are not considered dependents in EB-5, even if the principal investor is a minor; the visa only covers spouse and unmarried children under 21 years old.
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Can Regional Centers go bankrupt?
EB-5 Regional Centers may cease operations due to financial or administrative challenges, reinforcing the need for careful analysis and specialized monitoring in the investment.
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Can Regional Centers guarantee investment return?
The EB-5 program enables a green card via investment but does not guarantee financial return; risks and caution are essential when analyzing proposals.
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Can Regional Centers invest in multiple projects at the same time?
Regional Centers can invest in multiple projects simultaneously, provided they meet the EB-5 program requirements and strictly comply with U.S. immigration laws.
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Can Regional Centers invest in the stock market to create jobs?
Stock market investments do not qualify for EB-5 because they do not guarantee the job creation required by U.S. legislation.