+1-800-997-1228
Questions & Answers

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

  • Avatar

    Ed Beshara

    Immigration Attorney
    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.

  • Avatar

    Lynne Feldman

    Immigration Attorney
    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.

  • Avatar

    Bernard P Wolfsdorf

    Immigration Attorney
    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.

  • Avatar

    John J Downey

    Immigration Attorney
    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.

  • Avatar

    Jinhee Wilde

    Immigration Attorney
    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.

Add your comment

Use a Facebook account to add a comment, subject to Facebook's Terms of Service and Privacy Policy. Your Facebook name, photo & other personal information you make public on Facebook will appear with your comment.