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Which countries are restricted from the EB-5 visa?

Is there any country where investors are restricted from applying for the EB-5 visa? If so, which ones? And are there different application requirements for different countries?

Answers

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    Ed Beshara

    Immigration Attorney
    Answered on

    A foreign national from any country can apply for an EB-5 visa.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Some countries require OFAC determinations (like Iran and Syria), but can still file I-526 petitions. Chinese applicants will be delayed when applying for their EB-5 visa, but are otherwise just as eligible as any other applicant.

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    Richard A Gump, Jr

    Immigration Attorney
    Answered on

    Any foreign national from any country may pursue a green card through the EB-5 category. There are not necessarily different requirements that are country-specific. However, there are different challenges for foreign nationals from certain countries. For example, the immigration law limits the percentage of green cards that can be issued to citizens of a specific country. Currently, there is an immigrant visa (green card) availability issue for EB-5 investors for China. Other regulations can also impact an EB-5 petition. For example, if an investor had funds in a foreign bank that appears on the Office of Foreign Asset Control (OFAC) list, then additional work, waivers, etc. may be required.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    There is no country-based restriction for the EB-5 visa application. Also, the requirements for EB-5 investors are the same and universally applicable in nature. There is no differentiation based on national origin.

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    Charles H Kuck

    Immigration Attorney
    Answered on

    There are no country restrictions on the EB-5 program, but you will need to prove HOW you made the money you are investing in the EB-5 program.

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    Charles Foster

    Immigration Attorney
    Answered on

    Nationals of all countries are equally eligible to file an EB-5 investor petition on Form I-526. However, under the quota system there are per-country limitations and currently for nationals of the People's Republic of China there is a two-plus year backlog under the quota before visa numbers are available. In fact, when you factor in a large bulge of petitions that were filed prior to last year's reauthorization of the EB-5 regional center program, the real backlog could be six or seven years for PRC nationals who file their petition today. Thus, it is critically important that Congress, as part of any reauthorization legislation, deals with the issue of either increasing the quota for investors overall or recapturing unused EB-5 visa numbers from prior years.

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    John J Downey

    Immigration Attorney
    Answered on

    I do not know of any restrictions other than that someone from Iran needs a clearance from the Department of the Treasury.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    There are no countries restricted from using the EB-5 program. Currently, there is a backlog for applicants from PR China because there is a quota for each country.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Their are no country restrictions; however, there are individual requirements relating to inadmissibility. Therefore for example, certain persons who are members of Communist parties may be barred.

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    Raymond Lahoud

    Immigration Attorney
    Answered on

    Application requirements are the same for each country. There are no restrictions on countries of origin.

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