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What happens if an EB-5 applicant begins work at a different business?

What happens if someone on an EB-5 conditional green card starts working somewhere else because their EB-5 business is not working out (they put business operations on a short hold)? Is there any way that he/she can maintain the EB-5 green card and keep working at the new business?

Answers

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Assuming this is a direct EB-5, the applicant needs to be able to remove the conditions to the green card eventually, so they need to maintain an active role in the business and the business needs to create those 10 jobs for U.S. citizens or permanent residents. If you cannot show this when filing the I-829, you won't be able to remove the conditions and your time as a permanent resident is over.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    A conditional lawful permanent resident does not have to work at their EB-5 business in order to maintain status. The requirement is to sustain the investment and create the required number of jobs within the conditional period.

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    Ed Beshara

    Immigration Attorney
    Answered on

    Once you are a conditional permanent resident, you can be involved and be employed in other U.S. businesses. You have the opportunity to direct and create a viable EB-5 business during the two year period of the conditional permanent residency.

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    John J Downey

    Immigration Attorney
    Answered on

    Where the conditional resident works is not pertinent. Their job is not counted in the 10 jobs produced by the investment. If you mean that the investor suspends operation of his investment, then it will depend on the 10 jobs being produced and the fact that the business is still operating when the time comes to remove the conditions on the green card.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Do you have a 2-year green card or 10-year green card? If the latter, it does not matter; if the former then you likely will not get a 10-year green card. Seek legal advice.

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    Robert Lee

    Immigration Attorney
    Answered on

    Yes this is fine. The EB-5 applicant does not count for job creation in their business so it does not matter if he is also working somewhere else.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    If the conditional green card was based on the direct investment to an EB-5 business, then that business not doing well is a problem for him to keep his green card as he may have problems proving that he created 10+ permanent full-time jobs through his investment into the EB-5 business. If he was merely working for the EB-5 business and that business has created and is maintaining the requisite jobs, then the investor working for another company is actually beneficial as his position cannot be considered as one of the requisite jobs anyway. Whether his green card status is at risk and to discuss what, if any, other options he may have available to him, I advise him to consult with an experienced EB-5 attorney right away.

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