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Questions & Answers

How does unemployment affect the benefits available to an EB-5 investor?

When can an EB-5 investor and his/her family get health insurance in the United States? Can an EB-5 investor qualify for any U.S. government program as a conditional permanent resident? Does it matter if the EB-5 applicant is unemployed in the United States as a conditional permanent resident?

Answers

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    A conditional permanent resident is entitled to the same rights, privileges, and benefits as any other lawful permanent resident. There is no difference between a conditional green card and a permanent green card; just the expiration date.

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    John J Downey

    Immigration Attorney
    Answered on

    Once you are a conditional permanent resident you are eligible for most government programs; you may apply for health insurance. You are not required to be employed.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    As a holder of a conditional residency, you are able to find any employment or do business of your choosing without restrictions. As a person of means who was able to obtain your green card under the EB-5 investment, it may be difficult for you to obtain any government subsidy or welfare-related benefits that are designed to help the poor, including subsidized medical benefits or health insurance. If, on the other hand, you were employed and then were terminated from your job, your former employer may have Cobra or unemployment insurance benefits for which you may be eligible.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Since you had to demonstrate substantial assets to get your conditional green card, I would be surprised if you can qualify for any public benefits based on need. If you were working and got laid off then you may be entitled to unemployment which is not based on need, but rather on the employment and lay off.

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