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Can I transition from an L-1 visa to an EB-5 visa?

If I apply for an L-1 visa to work in the United States and establish a business there, would I then be able to apply for an EB-5 visa with the newly created business?

Answers

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    Reza Rahbaran

    Immigration Attorney
    Answered on

    Yes, you may apply for an EB-5 visa if the new business meets all the EB-5 requirements. Please consult an experienced EB-5 attorney to assist you.

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    Ying Lu

    Immigration Attorney
    Answered on

    As long as this business is in compliance with the EB-5 requirements, such as job creation, legal source of funds and etc., you can use this business to apply for your green card under the EB-5 category.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    Yes; assuming that the business and investment both meet the respective requirements for L-1 and EB-5, this would work. Also, if your L-1 business is doing business in the U.S. for more than one year, you can apply for a green card through the Multinational Manager/Executive category, EB13 or EB1C.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    If you are setting a business for EB-5 purposes, it must meet the requirements of EB-5: 1. The investment must be between $500k and $1 million depending where the business is located, rural or urban; 2. The business must result in the employment of 10 U.S. workers within 2 years. 3. Proof that the money for the business is from legitimate source(s). If you need additional assistance and information feel free to contact our office.

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    Rachel Lew

    Immigration Attorney
    Answered on

    To apply for EB-5 immigration benefits,Title 8 Code of Federal Regulations Section 204.6 (h ) states that the establishment of a new commercial enterprise may consist of (1) the creation of an original business formed after November 29, 1990, as opposed to a pre-existing business; OR (2) the purchase of an existing business and simultaneous or subsequent restructuring or reorganization such that a new commercial enterprise results; OR (3) the expansion of an existing business through the investment of the required amount, so that a substantial change in the net worth or number of employees results from the investment of capital. Substantial change means a 40 percent increase either in the net worth, or in the number of employees, so that the new net worth, or number of employees amounts to at least 140 percent of the pre-expansion net worth or number of employees. L-1 visas are available to employees of an international company with offices in both the United States and abroad. The visa allows such foreign workers to relocate to the corporation''s US office after having worked abroad for the company for at least one continuous year within the previous three prior to admission in the US. The US and non-US employers must be related in one of four ways: parent and subsidiary; branch and headquarters; sister companies owned by a mutual parent; or ''affiliates'' owned by the same people in approximately the same percentages. If you are granted an L-1A visa, you are the employee of the US company and not the owner of that company. To qualify for EB-5 immigration benefits, you personally have to invest into one of the above stated three commercial enterprise. The options (2) and (3) may work, should you desire to own and operate that existing business.

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    Joseph Best

    Immigration Attorney
    Answered on

    Yes... absolutely, so long as you meet both the L1 requirements and thereafter the EB-5 requirements and these requirements vary greatly. There may be a better way to do this via another non-immigrant visa program but that is dependent upon which country you come from. The issues become tricky though because the L1 entity is a person legally so the investment made by that corporate person is not the same as the investments made by you- the immigrant investor. I know the way that we could do this but it requires planning. For the EB 5 program- the invested funds must be your assets... from which the invested funds are then put at risk. Get in touch, we would love to help you tackle this. With careful planning a lot is possible. You need a U.S. based and licensed immigration attorney.

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    Olga Karasik

    Immigration Attorney
    Answered on

    Yes, if your investment in business qualifies for EB-5 visa (amount invested, job creation, source of funds, etc.)

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    Mahsa Aliaskari

    Immigration Attorney
    Answered on

    If the funds invested into the new business in the U.S. are your own personal funds, then yes this may be an option. If you would like to discuss the particulars please feel free to contact our office.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    Yes, L-1 is a dual-intent visa status (ie., although a nonimmigrant intended status, you may still file for or intend to become an immigrant in the U.S.); therefore, while you are in L-1 status, you may pursue EB-5 Immigrant Investor visa. On a side note, if you are in the U.S. under L-1A (executive/management) status, processing for your permanent resident status (green card) through the EB-1 Priority Worker category which may be a less taxing process if your L-1 company is willing to sponsor the petition. Food for thought. Good luck.

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    Martin J Lawler

    Immigration Attorney
    Answered on

    This is not legal advice you can rely upon to make an investment and apply for a visa, but some informational general information. Each case must be analyzed and specific advice given based on all the facts. This is complex as you must make the investment personally in the U.S. enterprise. So if the U.S. business is created as a subsidiary of the overseas company, and then you come on an L-1 and then you personally contribute $500,000 to the company, yes, provided the other requirements are met. In some cases if the job creating enterprise is a wholly owned company it is considered one company. Also if the U.S. business is set up as the parent company and you personally own the parent company, you may qualify for both an L-1 and EB-5. This is quite complex and you would need to have the enterprise analyzed and a detailed opinion provided.

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    Ed Beshara

    Immigration Attorney
    Answered on

    First, I strongly recommend that you retain the services of an experienced EB-5 immigration attorney to guide you through this process and to be able to answer all your questions immediately. Second, the L1 U.S. business may be established as a new commercial enterprise which might form the basis for an EB-5 direct investment. Please note that you as the investor will have to personally invest the required EB-5 investment amount from your personal funds into the new commercial enterprise which may be the L1 subsidiary business. Under certain EB-5 compliant infrastructures you may be able to pursue the EB-5 process on the basis of first investing the personal funds in L-1 U.S. business.

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    Jian X Kang

    Immigration Attorney
    Answered on

    No, your can''t change from L-1 to EB-5. L-1 visa is intracompany transferee visa. Another company has to be at least 50% owner of the newly created U.S. company. But EB-5 is for individual investors/shareholders, not corporate investors/shareholders. If you have any questions or concerns about this matter, please feel free to contact me.

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    Rebecca White

    Immigration Attorney
    Answered on

    You can go from an L to an EB-5, but you would need to be careful and strategic in showing the funds and the new business creation as truly a new investment. It would likely make much more sense to go from the L visa using the EB1 category. That is typically faster and lower cost in professional fees.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    It could be possible, granted you can show an investment of $500,000 (or $1 million) will create the required number of jobs (which would be based on the existing business''s history).

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    Edward Litwin

    Immigration Attorney
    Answered on

    The answer is that you will probably be able to make such a transition. However, the better answer is "it depends." It depends on your investment, it depends on hiring the right number of people, it depends on your documentation, etc. To get a better idea, you should consult with an immigration attorney where you can discuss in much more detail what your plans are.

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    Shahzad Q Qadri

    RC Creator
    Answered on

    Simple answer is yes-however you will need to prove that the funds were your personal funds as well as the source in addition to the other requirements such as the 10 jobs.

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    Kripa Upadhyay

    Immigration Attorney
    Answered on

    Not easily, no! The EB-5 requires an investment of either $500,000 or $1,000,000; therefore, you can enter the U.S. on your L and set up your company here. You would then need to invest at least $1,000,000 as a direct investment into the company in order to apply for the EB-5. There is no way to convert an L to an EB-5 so you would need to complete the process for the L and then later complete the process for the EB-5 as a separate matter.

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