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How soon can I file for EB-5 if I am on an H-1B?

Hello, I am seriously considering EB-5. I have done some basic research and I am confident about the investment amount. I am currently in the United States on an H-1B. How soon can I file for EB-5? Can I file before the January 19 sunset date?

Answers

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    Barbara Suri

    Immigration Attorney
    Answered on

    It is my opinion that you would definitely need to file before the sunset date.

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    Sally Amirghahari

    Immigration Attorney
    Answered on

    In order to take advantage of the current investment amount of $500,000, you should file your EB-5 petition prior to January 19. Also, you have to make sure that you remain on a valid visa while your petition is pending for processing by the USCIS. Upon approval, you can then change your status from H-1B to a Green Card through your EB-5 petition. Accordingly, if your fund is available and ready for investment, then I recommend acting immediately so you will be able to file your I-526 petition before January 19. I will be happy to assist you in this matter and answer other questions that you may have.

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    Ying Lu

    Immigration Attorney
    Answered on

    It depends on where your source of funds will come from and if the documents to prove the legal source of funds are readily available. If your source of funds is super clean, it might be possible to file your I-526 before 1/19/2018 assuming you will move forward immediately.

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    Irina Rostova

    Immigration Attorney
    Answered on

    You can if your immigration attorney can prepare the source of funds documents and you pick the project and invest by January 17.

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    Charles Foster

    Immigration Attorney
    Answered on

    You should file your EB-5 petition as soon as possible. There is nothing to prevent you from doing so while in H-1B status. You can file before the January 19 sunset date, but only if you get started right away. The sooner the better, since it is somewhat likely that, by January 19th or sometime thereafter, the minimum investment will go up from $500,000 to approximately $1 million.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Yes, but you must move fast as you have to choose a project and prepare the source of funds report ASAP. You need to choose a project and a good immigration lawyer. Check EB5 Investors Magazine’s Top 25 Edition. H-1B is a dual intent visa so you can file at any time.

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    Belma Chinchoy

    Immigration Attorney
    Answered on

    Depending on where the funds are coming from, the attorney may need anywhere from one to several weeks to prepare a source/path of funds report. You also need time to carefully consider which project you would like to invest in. Most of my clients seriously consider three projects but some look at as many as five. So, consult with an attorney about the specifics of your situation and perhaps you can make the January deadline.

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    Ed Beshara

    Immigration Attorney
    Answered on

    You can file your EB-5 petition immediately and before January 19. It is important to hire an experienced EB-5 attorney who can provide immigration due diligence on the EB-5 project you may intend to invest in and advise you on whether you can prove the lawful source of your investment funds.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    Depending on where you invest and how easy your source of fund tracking would be, we have filed I-526s as quickly as 3-5 days after receiving all the necessary documents from both the business and the investor. If you are investing in a dependable regional center with a team that knows what they are doing and your Source of Funds is from your earnings from H1B did not move around much after getting paid, then the filing could be done very quickly.

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    Mona Shah

    Immigration Attorney
    Answered on

    You may file the EB-5 petition at any time. You will need to invest in a qualifying project and file the I-526 petition detailing your source and path of investment funds. Under the current law, if you decide to remain in the US while the EB-5 petition is being adjudicated, please remember that you must remain in status.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    If you have your source of funds documentation and sufficient capital to make the investment, there is no reason why you cannot sign up with a regional center (or go the direct EB-5 route) and hire immigration counsel to prepare and file your I-526 petition before the sunset date. Keep in mind that the sunset date affects only regional center EB-5 filings, but there are proposed regulations by USCIS and proposed legislation by Congress that will make significant changes to EB-5 requirements, raising the minimum capital investment amounts for both direct and regional center EB-5 cases.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    Sure, you can file right away if you have everything ready. You would be well-advised to use an experienced EB-5 lawyer!

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    Michael A Harris, Esq

    Immigration Attorney
    Answered on

    When we have the required documentation from our clients, our office generally needs around 2 weeks to prepare most filings. I would recommend consulting with a qualified EB-5 lawyer who can swiftly guide you through the process.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Yes, you should file before that date as there is no guarantee of an extension.

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