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What happens if I make two EB-5 investments?

I am already in the United States and plan on investing in an EB-5 regional center. However, I have my own business interests and may want to also pursue a direct EB-5 investment as back up. Is it possible to make two separate EB-5 investments and file two separate applications? Then, once I am sure the regional center project is making progress, can I withdraw my direct investment application?

Answers

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    James Yang

    Immigration Attorney
    Answered on

    It is possible to make two EB-5 investments simultaneously. USCIS does not restrict investors from filing multiple I-526 petitions based on qualified investments made into multiple EB-5 projects. Nevertheless, the investor must ultimately choose which I-526 petition will serve as the basis for him/her to obtain the green card.

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    Robert Loughran

    Immigration Attorney
    Answered on

    Concerning your question about multiple EB-5 petitions, there is no prohibition against one investor filing multiple EB-5 petitions based on investments in multiple U.S. projects. In this situation, you could invest in a regional center project and in your own business venture in seeking EB-5 status. Upon approval of one or both of these petitions, which are currently taking 18 months to adjudicate, you would need to determine which investment has the best chance of creating and maintaining 10 full-time positions in the United States over the next three to four years. You would use the petition based on the investment with the best chance of creating and maintaining 10 full-time positions to either adjust status to lawful permanent residence in the United States or apply for an immigrant visa at a U.S. consulate abroad. These applications would provide you with conditional permanent residence in the United States. Two years after receiving conditional permanent residence, you would need evidence of the creation of at least 10 full-time positions to file a petition to remove conditions on your permanent residence. This evidence would be generated by the EB-5 project you chose as the stronger project for the adjustment of status or immigrant visa application. If for some reason the petition to remove conditions is denied, you may be able to start over with conditional residence using the other approved EB-5 petition as long as the underlying investment project was ongoing and creating U.S. employment positions. In this way, multiple petitions for EB-5 status may act as insurance against one petition being denied. As an aside, your question implies more trust in regional center projects in creating the required 10 full-time positions for permanent residence than trust in your own business ventures. While some regional center projects may create the jobs required for permanent residence, you cede control of your immigration status and investment funds to third-party project managers in seeking permanent residence through a regional center project rather than through your own business interests. This trade-off may not be worthwhile if your own business interests have the capacity to create and maintain 10 full-time positions over a four to five year period.

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    Charles H Kuck

    Immigration Attorney
    Answered on

    Yes, you can file both applications, although it sounds like a lot of extra way to spend. You might want to speak to an experienced EB-5 attorney to discuss what option might be best.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    It is possible to make two EB-5 investments and submit two I-526 petitions. You will have to decide at some point, however, which investment will be the one by which you obtain conditional lawful permanent residence.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Actually, yes. Concurrent immigrant processes are allowed. It would require completely separate applications and the withdrawal of one petition if the other is approved.

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    Charles Foster

    Immigration Attorney
    Answered on

    Yes, you can absolutely invest in two or more EB-5 projects, whether it is through an EB-5 regional center or a direct EB-5 investment. While most people do not do it, two separate petitions give you a greater chance of success, although in fact the vast majority of the EB-5 regional center petitions are approved.

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    John J Downey

    Immigration Attorney
    Answered on

    As far as I know, you may file both.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    This is not a feasible idea considering it will simultaneously involve two petitions. It even sounds like hedging a bet. Prior to proceeding further, consult an EB-5 attorney, as there are several factors that need to be taken into consideration, including but not limited to, amounts required in either an EB-5 regional center or direct investment, documentation of financial resources, just to name a few. Finally, be on notice that you may not use the business designated for direct investment simultaneously for the EB-5 regional center as the source of funds.

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    Raymond Lahoud

    Immigration Attorney
    Answered on

    One could file two separate applications. To do this, however, is not wise. First, it is expensive. Second, it will certainly raise a red flag at USCIS and many regional centers may see this as a deceptive course of action. The reason is that this history has those who have done this and have been found to have double counted funds, confusion in terms of sourcing and separating funds, etc. Why not just do the direct investment?

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    Richard A Gump, Jr

    Immigration Attorney
    Answered on

    It is a great question. As your question points out, you will need to make two separate investments in order to file two EB-5 petitions. The only potential issue would be explaining to USCIS how you are able to be in a position to direct and develop both companies.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Yes, it is possible to file more than one EB-5 petition. They do not conflict.

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    Vaughan de Kirby

    Immigration Attorney
    Answered on

    Yes, you are able to file multiple applications based on different investments.

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    Stephen Berman

    Immigration Attorney
    Answered on

    There is no rule against filing two applications.

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