I am on a H-1B visa and I want to participate in the EB-5 program. I believe that in order to maintain my status I need to have a passive investment and cannot run the business on my own. I think I need to partner with somebody, investing $500,000 into the partnership which will then purchase two fast food franchises, for example. Can this be structured as a direct EB-5 project considering my present H-1B status? And, is it possible to put the funds into the franchises in installments?
Answers
Lei Jiang
Find an EB-5 Visa Lawyer: Immigration AttorneyYou can apply for a green card through the EB-5 program, but before your I-526 is approved, you cannot work on the project and get paid. To structure this as a direct EB-5 project, you should consult with an EB-5 attorney.
Salvatore Picataggio
Find an EB-5 Visa Lawyer: Immigration AttorneyFirst, you can begin an EB-5 process (including franchises!) while under H-1B status. However, you really should consult with an EB-5 attorney to clarify the process for you and how a franchise investment can work in the EB-5 context. We would not want you to continue down a path that could lead to delays from requests for evidence or denials.
Lynne Feldman
Find an EB-5 Visa Lawyer: Immigration AttorneyH-1B allows dual intent so there is no problem pursuing a green card through the EB-5 program at the same time. You are not, however, allowed to work in the EB-5 project until your I-526 has been approved and either your adjustment is approved or work card has been obtained. You can set up the project. You can only do the $500,000 vs. $1 million if the project is located in a TEA (Targeted Employment Area). It will need to be fully paid into the project at the time of filing the I-526, but can be held in escrow until the I-526 is approved.
BoBi Ahn
Find an EB-5 Visa Lawyer: Immigration AttorneyH-1B N\nonimmigrant status allows for dual intent (ie., while maintaining nonimmigrant status, you may process for immigrant visa processing), so there is no effect as far as intent is concerned.
Jinhee Wilde
Find an EB-5 Visa Lawyer: Immigration AttorneyYou cannot have a completely passive investment and qualify for an EB-5 case. However, the requirement for being actively involved in a business could be achieved through a policy setting role, such as a Board of Director position of the business, instead of having to run the business day-to-day. Also, you could invest in a good regional center and just be a limited partner of a partnership project, which would require you to be almost completely passive with receiving quarterly or annual reports only.
Kyle Barella
Find an EB-5 Visa Lawyer: Immigration AttorneyYou may change from an H-1B status to EB-5. However, you do not need to partner up with someone to make the investment. In fact, each investor must make his or her own qualified investment.
Denyse Sabagh
Find an EB-5 Visa Lawyer: Immigration AttorneyIt does not. H-1B has dual intent.
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