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How can I apply for EB-5 as an H1B visa holder?

I am currently working in the United States under an H1B. The investment fund will be a gift from my brother and sister-in-law. What is the best way to apply for EB-5? Will it be possible even if I''m already working in the United States?

Answers

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    Reza Rahbaran

    Immigration Attorney
    Answered on

    You, as an H-1B visa holder, will be able to apply for an EB-5 visa, and this can be done while you are working in the United States. Also, please note that your brother and sister-in-law will need to document the source of funds.

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    Shahzad Q Qadri

    RC Creator
    Answered on

    There will be no issue, provided you remain in status during the processing of the EB-5.

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    Roberto Ortiz

    Immigration Attorney
    Answered on

    If you currently have a H-1B visa, you can apply for an EB-5. As long as you still have the H-1B, you will also be able to apply for adjustment of status in the U.S. If you have any additional questions, please do not hesitate to contact me.

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    Ying Lu

    Immigration Attorney
    Answered on

    Yes, H-1B visa holders are eligible to apply for EB-5 visa. Gifts from others is allowed as long as the donor can properly explain his/her source of funds.

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    Philip H Teplen

    Immigration Attorney
    Answered on

    Yes, all can be done while you are in the US. However, documentation as to the gift of the investment funds and the legality thereto must be clearly established. I will be glad to help.

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    Matthew T Galati

    Immigration Attorney
    Answered on

    The mere fact of having H-1B status is not material to one''s ability to file an EB-5 petition. If a person is in the U.S., he or she needs to document his or her status accordingly on Part 1 of the I-526 form. It is helpful to work with an immigration attorney to document the gift arrangement as well as the lawful source and path of funds. A competent immigration attorney can also discuss the pros and cons of filing for adjustment of status versus consular processing to take place once the I-526 is approved.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    Yes; it is possible to apply for EB-5 while in the United States on H-1B status (or any other lawful nonimmigrant status). You should contact an experienced EB-5 immigration attorney, such as myself, to represent you in this matter.

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    Gregory Romanovsky

    Immigration Attorney
    Answered on

    Thank you for your inquiry. Yes, it is possible to apply for permanent residence through the EB-5 program while already working in the United States.

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    Anthony Korda

    Immigration Attorney
    Answered on

    Yes. You can file the EB5 Petition and remain in the United States provided you maintain your H1B status and then apply to adjust status once the petition has been approved.

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    Kripa Upadhyay

    Immigration Attorney
    Answered on

    Yes, you can apply for the EB-5 program while still on another status i.e. F-1 or H-1B. In your case, given that the investment is a gift, you will need to document the actual gift (along with any tax issues that may be attached, especially for your brother and sister-in-law) and they in turn will need to provide sufficient documentation to show their source of funds. As no doubt be stated by others, you really should meet with an experienced immigration attorney to advise you as you move forward.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    It should be possible, but we would have to review your immigration history and timelines. The only concern with situations like this is dual intent.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    I have had many other clients, such as you, who were in H1B or L-1 status applying for EB-5. As long as you maintain that status, it will be easier to adjust your status once the I-526 gets approved. Since your source of fund is a gift from your brother, we will have to track the legal source of income of your brother and his assets, but otherwise you should be good to go.

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    Vaughan de Kirby

    Immigration Attorney
    Answered on

    Yes, you can apply while holding an H-1B. There are many advantages you should discuss with your attorney.

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    Ed Beshara

    Immigration Attorney
    Answered on

    You can first file an I-526 investor petition and upon the approval of the I-526 petition, file an I-485 application for conditional permanent residency, while you are working and living in the United States and maintaining legal H-1B status in the United States.

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    Alexander Lebedinski

    Immigration Attorney
    Answered on

    Once you receive a documented gift, you would proceed with the EB-5 process by making the necessary investment and completing all other required steps. You should consider the benefits of direct investment vs. regional center investment approach to see which one better suits your needs, availability and risk tolerance. As part of I-526 application, you have to indicate if you will process the immigrant visa in the United States through an adjustment of status procedure or at a U.S. Consulate. You should consider how much time you have left on your H-1B visa, whether any H-1B extensions may be available, and I-526 processing timelines to make that decision. You would then continue working for your current employer with H-1B while it is valid and during extensions, if applicable. If your H-1B expires before you are issued an immigrant visa, you may have to leave the United States for a period of time. I would welcome an opportunity to assist you with this entire process.

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    Kamana Mathur

    Immigration Attorney
    Answered on

    Yes, you can apply for an EB-5 while working in the United States and the money can be a gift. Please contact me for further details.

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    Jeffrey E Campion

    Immigration Attorney
    Answered on

    Being in the United States does not hurt you. In fact, it gives you the benefit of fling for adjustment of status if the I-526 is approved and your H-1B is still valid. Thus, you can file for the EB-5 being in the United States. With respect to the gift, please remember that you will need to trace the funds that you are gifted showing they are legitimate.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    Yes. You can apply for EB-5 status if you are in H-1B status. The EB-5 application will not affect your H-1B status at all. Let us know if we can assist you.

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