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How does shareholder status affect EB-5 visa eligibility?

I am not a U.S. resident, but I had an LLC firm which was bought by a California corporation and now I am shareholder in that corporation. Since I am an officer in that company and involved in the day-to-day operations, would I still be able to apply for an EB-5 visa? How does shareholder status affect EB-5 visa eligibility?

Answers

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    Shahzad Q Qadri

    RC Creator
    Answered on

    While we need more information to make a complete assessment, but based on the information that you provided, your involvement in the LLC will not affect your ability to apply for an EB-5 visa.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    If you are an officer engaged in the day-to-day operations, you must generally have authorization to work for that corporation or otherwise be eligible to work in the United States. If you are a passive shareholder, then this should be a non-issue. Corporate documents should be examined to determine what role you have in the corporation and what role you had in your LLC. You should inquire with an immigration attorney about your specific situation as prior unlawful employment in the United States (including self-employment) may adversely affect your EB-5 process.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    An EB-5 investor must be involved in the management of the new commercial enterprise. An officer of the corporation probably would meet this requirement, while a mere shareholder, who is not an officer or otherwise involved in the company management, might not. Also, the qualifying investment must be made personally by the investor into the new commercial enterprise. Shareholder status, therefore, does not affect EB-5 eligibility.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    If you are not actually working in the United States (even though a U.S. company owns your firm), then you will not be working without proper employment authorization (which would be pretty bad!). If so (that is, you are not employed illegally), then you could possibly still proceed with the EB-5 process.

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    John J Downey

    Immigration Attorney
    Answered on

    A shareholder is not necessarily an officer in the company. Better check with the corporate counsel.

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    Karen-Lee Pollak

    Immigration Attorney
    Answered on

    You could still invest in that company, but would have to put in the required amount of funds and your investment must create 10 jobs.

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    Ed Beshara

    Immigration Attorney
    Answered on

    A foreign national cannot be involved in the day-to-day operations without the legal immigration status to be able to do so. If the USCIS or the U.S. consulate determine the foreign national was unauthorized to work in the United States, then this may be a ground of inadmissibility and therefore will effect the ability to obtain the conditional permanent residency.

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