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What impact does the travel ban have on EB-5 Investors?

Does the travel ban affect those investors who want to get a green card through the EB-5 program? Does the person need to present job offers or any other documents as a waiver or is the EB-5 program itself exempt from the travel ban for those nationalities?

Answers

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    BoBi Ahn

    Immigration Attorney
    Answered on

    The Travel Ban for certain nationals from countries listed in the ban would affect EB-5 investors unless the investor can obtain a waiver based on close family ties, etc.

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    Ed Beshara

    Immigration Attorney
    Answered on

    Foreign nationals from countries named on the Travel ban can still file their I-526 petitions. However, upon approval of the I-526 petition they cannot file their applications for conditional permanent residency. There may be exceptions to the ban that may come about.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    The EB-5 category does not exempt from the travel ban restrictions and a waiver application is required if restriction applies. A waiver process is on a case by case basis.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    The nationals of those countries covered by the ban, with approved EB-5 and green card, are exempted. The EB-5 investors do not need to present job offers.

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    Charles Foster

    Immigration Attorney
    Answered on

    Yes, the travel ban would definitely affect new investors who would like to qualify for Permanent Residency through the EB-5 program. If nationals of those countries have already acquired their Permanent Residency, they would not be subject to the travel ban. But new applicants clearly would be subject to the travel ban if they are nationals of one of the countries covered, those being Chad, Iran, Libya, North Korea, Syria, Venezuela, Yemen and Somalia.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    The travel ban is in effect for investors but waivers are available if they do not meet one of the close ties exceptions.

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    Steffanie J Lewis

    Immigration Attorney
    Answered on

    First, the Congress must extend the Regional Center EB-5 program for it to be available to anyone. Many believe Congress will extend that program within a very short time. Therefore, my answer refers to a standard EB-5 investor and a Regional Center EB-5 investor, assuming Congress extends the program. The Travel ban states that entry into the United States of nationals of the following countries is suspended and limited, subject to categorical exceptions and case-by-case waivers. A person making an EB-5 investment today will not be entering for more than a year. The process required before an EB-5 investor enters the United States will take minimally 16 months. The investor would be entering as a lawful conditional permanent resident with an EB5 visa. That is an employment creation visa and does not require an employment offer. Certain specialized employment visa categories: Individuals applying for visas which do not require an employment offer from a US entity, including EB-1 visas, some EB-4 visas, and potentially EB-5 visas, may be subject to the travel ban if they cannot demonstrate a bona fide relationship. However, if not exempt from the travel ban, an EB-5 investor may request a waiver. The scope of such waivers is being studied at this time by the professional immigration attorneys. The DOS guidance shows that visa processing will largely continue as normal. Importantly, all visa interviews will remain scheduled and the National Visa Center will continue to schedule immigrant visa appointments for nationals of the six designated countries. Therefore, once the I-526 petition is approved, the DOS will schedule an immigrant visa appointment. Decisions on visa applications will be made by the Embassy Consular Officer pursuant to a three-step process. The investor would benefit from experienced immigration counsel to aid in processing through the Embassy. Accordingly, the specific answer to this question turns on the facts of the individual case. Further, much in immigration law may change before the EB-5 investor has completed the requisite process.

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    Barbara Suri

    Immigration Attorney
    Answered on

    It is my opinion that the travel ban applies to all nationalities that fit the criterium, regardless of the immigration benefit of interest.

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    Yazen Abdin

    Immigration Attorney
    Answered on

    First, it depends which country you are from. The travel ban distinguishes between the countries listed. For example, for Syrians, all (immigrant and nonimmigrant) Syrian nationals are banned from entering. For Yemen however, the ban applies to those coming as immigrant and visitors (in other words, students and other categories from Yemen are not banned). Once you have determined your country and how it is treated under the ban, you must look to see if you have a bona fide relationship with a person or entity. Lastly, one can seek a waiver based on undue hardship.

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    Belma Chinchoy

    Immigration Attorney
    Answered on

    Yes, the travel ban affects EB-5 applicants for IV. A waiver application is required.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Yes, the travel ban impacts several nationalities. Here are the details. While waivers are technically available, as of the present time we do not know whether any have been approved. The December 4, 2017 ruling of the Supreme Court means that the administration may fully implement the September 24, 2017 Presidential Proclamation. The proclamation imposes country-specific travel restrictions on eight countries: Chad, Iran, Libya, North Korea, Somalia, Syria, Venezuela, and Yemen. In addition, nationals of Iraq will be subject to extra screening measures. The Supreme Court ruling did not affect the implementation of entry restrictions against nationals from North Korea and Venezuela. Country-specific travel restrictions apply to each of the following countries: Chad Suspends the entry of immigrants and temporary visitors on business or tourist visas (B-1/B-2); Iran Suspends the entry of immigrants and all nonimmigrants, except F (student), M (vocational student) and J (exchange visitor) visas, though they will be subject to enhanced screening; Libya Suspends the entry of immigrants and temporary visitors on business or tourist visas (B-1/B-2); North Korea Suspends the entry of all immigrants and nonimmigrants; Somalia Suspends the entry of immigrants, and requires enhanced screening of all nonimmigrants; Syria Suspends the entry of all immigrants and nonimmigrants; Venezuela Suspends the entry of certain government officials and their family members on business or tourist visas (B-1/B-2); Yemen Suspends the entry of immigrants and temporary visitors on business or tourist visas (B-1/B-2).

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    While I have not yet heard of any of my EB-5 investors being stopped from entering with their Immigrant visas, the travel ban does apply to all the countries they listed. They have not announced any waiver for the ban.

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    Robert Loughran

    Immigration Attorney
    Answered on

    We can confirm that the EB-5 category conveys no special exemption from the travel ban. Every individual subject to the travel ban must apply for a waiver. The waiver application is a very individualized process.

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