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How can I transfer and L-1 visa to an EB-5 visa?

Hello. If I am currently in the United States with an L-1 visa, am I able to transfer to an EB-5 visa if an investment opportunity comes up? Thank you!

Answers

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    You would not really be transferring. You would start the EB-5 process separately. Please consult an immigration attorney to assist you with planning and strategies.

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    Ed Beshara

    Immigration Attorney
    Answered on

    During the L-1 status, you can file your I-526 petition, which currently takes 24 months. Once the I-526 petition is approved, you can assist with the I-485 application process. During this period, you can appoint a U.S. manager to be involved in the U.S. business.

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    Darren Silver

    Immigration Attorney
    Answered on

    First, it may be a good idea to see if you qualify for an EB-1 visa. The EB-1 immigrant visa category has similar requirements to the L-1 visa. If it is determined that an EB-5 visa is the best course of action for you, then yes, you may apply under the EB-5 category. Please note the application would be a new application and would not be a "transfer". You would need to maintain legal status if you remain in the United States. The L-1 visa category does not prohibit you from seeking a permanent immigration benefit.

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    Ying Lu

    Immigration Attorney
    Answered on

    An L-1 visa is a non-immigrant visa while an EB-5 visa is an immigrant visa. You do not need to go through the Change of Status process. Once your EB-5 visa is granted, you will receive a two-year conditional green card and then file I-829 in 2 years to apply for permanent residency. If you are asking if you can reorganize the L-1 business entity for the purposes of EB-5, it is possible. However, please note that EB-5 investment must be made from personal funds, not corporate funds. Due to the complexity of the issue, you may want to consult an experienced EB-5 attorney.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    If you are of a certain nationality, one option is to apply for an E-2 visa. Currently, 80 countries have E-2 investment treaties with the United States and, if you can locate a regional center project that meets your requirements, you may want to invest in the EB-5 regional center project now before the investment amount increaseswhich could happen soon.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Sure! You may be able to apply for an EB-1C through the L company as well.

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    Charles Foster

    Immigration Attorney
    Answered on

    Yes, you can transfer from an L-1 visa to become a conditional Lawful Permanent Resident. However, you can only do this after you have filed your EB-5 Petition on Form I-526, have received your visa numbers and have filed an Application to Adjust Status on Form I-485.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    Yes, you can. If you need further guidance, please do not hesitate to reach out to an experienced immigration attorney to guide you through this process.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    Yes, you can file for EB-5 Immigrant Investor processing while you maintain an L-1 status and, when your EB-5 application is approved, adjust your status to lawful permanent resident.

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