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How can an employee get a green card through an EB-5-based company?

My employer got his green card as an EB-5 investor. I am not an associate or partner of his company. Are EB-5-based companies eligible to help employees apply for green cards? Can he apply for a green card for me when I work at the company?

Answers

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    John J Downey

    Immigration Attorney
    Answered on

    He can apply for you as an employee under the PERM program from the Department of Labor.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    A U.S. employer can petition for a foreign employee through the PERM and EB-2/EB-3 visa processes. This is a separate and distinct process from the EB-5 program.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    One has to be an investor with a lawful source of funds to be eligible to file for an EB-5 visa. If you are not an investor with a lawful source of funds, then you are generally not eligible to file for an EB-5 visa. If you can demonstrate that you have accumulated sufficient funds to be an EB-5 investor (such as, for example, a gift of funds; salary, dividends, or a loan from your company secured by your personal assets; inheritance, sale of real estate or other assets, etc.), then you may be eligible to file for an EB-5 visa. You should discuss the specifics of your situation with an experienced EB-5 immigration attorney who can guide you.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    As long as the employer could demonstrate that he does not have a U.S. worker to fill the job, he can sponsor. However, as an EB-5 investor, the position for which he would sponsor you cannot be one of the 10+ jobs he will count in order to obtain the removal of conditions on his EB-5.

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