How do I apply for EB-5 on a C-1/D visa?

There are some tricky issues with adjusting to permanent residency from the C and D visas. Consult with an immigration attorney to review your options and strategies.

You can apply for EB-5 while you are in the United States on a C-1 visa; however, you cannot remain in the United States and run the business on a C-1 visa. You may have to hire someone to run the business for you while you are waiting for your EB-5 immigrant visa outside of the United States.

You may file the I-526 petition if you meet the requirements under the EB-5 program. It will not afford you any immigration status in the United States while the I-526 is pending. Generally, crewmen visa holders are not eligible to adjust to a permanent resident status in the United States upon approval of an immigrant petition, such as the I-526, and will need to consular process in their home country to obtain an immigrant visa and immigrate to the United States upon approval of an immigrant petition, such as the I-526. Consult an immigration attorney before you proceed with investing and filing of the I-526. Crewmen visa holders are not authorized to work in the United States except per terms of their crewmen visas, including unauthorized self-employment.

You cannot use a C/D visa to remain in the United States to apply for a green card, unless you are fully complying with your crew person visa. You need to consult with a specialist who can advise you on other immigration options.

A C-1/D visa holder is a crew member on a vessel/ship/aircraft who entered the United States as a crewman and will remain so. Generally a C-1/D visa typically lasts for 29 days and such visaholder can never adjust his/her status (apply for green card) while remaining in the United States. Even if you apply for EB-5, you must return to your country in compliance with the term of your C-1/D visa. On the issue of overstay, do not overstay in the United States to run any business. If you overstay for either more than 180 days or even three years as you suggested, you risk being barred from re-entering the United States for as much as 3-10 years. Consult an EB-5 attorney for further advice on this matter.

Much will depend on whether you are classified as a "pure crewman" or an alien in transit. Crewmen are ineligible to adjust status in the United States, save for a few exceptions. In any case, if you have overstayed your authorized period of admission in the United States, you generally would not be able to stay in while your case is pending and then adjust status. As so much is at stake here, be sure to discuss your precise fact pattern with an EB-5 attorney.

You may apply for EB-5, but filing the application does not of itself grant any status to stay in the United States. If you happen to be here in legal status when your application is approved you may apply for conditional permanent residence; if not you would apply at the U.S. consulate in your home country.

You can file the visa application. But you cannot stay in the United States, extend your status, nor adjust your status on a C-1/D visa.