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How can I use EB-5 to maintain my legal U.S. work status?

I'm currently on a J-2 visa, valid till 6/30/2016, with an EAD. My wife is doing her residency in internal medicine on a J-1 visa, valid till 6/30/2016, and is subject to a two-year Home Residency Requirement under 212(e). She has accepted an offer to work after her graduation in June, for a J-1 waiver qualifying position (under Conrad 30). Her employer will be initiating her J-1 waiver application this week. Would making an investment through the EB-5 program allow me to maintain my legal status to work in the United States? Can I apply for EB-5 before 9/30/2015, given the fact that we are on a J-1/J-2 physician visa with restrictions?

Answers

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    Answered on

    You can file an I-526 petition, but you will have to wait for the I-526 petition to be approved. Once approved, then you can concentrate on the U.S. consulate process.

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    Answered on

    You cannot get PR until your wife fulfills the requirements under Conrad 30, but you can file and get a work permit when eligible to file the I-14. In the interim you may need to go on an H-4 without the ability to work if you want to stay here.

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    Answered on

    You can apply for EB-5, but it does not resolve the two-year home residence rule issue. She and you need a waiver in order to benefit from the EB-5 petition, which will take at least one year to get approved.

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    John J Downey

    Answered on

    Just having an application for EB-5 does not in itself confer any status. I am not aware of any restrictions as to the EB-5 program as to your filing. I am not familiar with J-1 or J-2 restrictions; you should contact your local USCIS office and ask them for an opinion, preferably in writing from them.

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    Answered on

    The residency requirement waiver does not give you an extension of your stay or status. Under the Conrad 30 program, your wife will be transitioning from J-1 to H-1B with consent to work where HHS needs the doctors. However, your J-2 status also has a residency requirement that is separate and must be waived independently. Since EB-5 takes at least 15+ months for I-526 adjudication, it is highly unlikely that you will be approved for EB-5 even if you are able to file within this month. This means you will not be able to work after June 2016. As a doctor working in the Health Professional Shortage Area (HPSA), Medically Underserved Area (MUA), or Medically Underserved Population (MUP), your wife should have a good chance for the EB-2/National Interest Waiver category of obtaining the green card and then you as the spouse, however.

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