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What are the health requirements for an EB-5 application?

My son is diagnosed with autism. He poses no harm to himself or to others; he only has some weaknesses in social skills. Could our EB-5 application be denied because of autism or any other medical reason?

Answers

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    Answered on

    There are medical requirements, but mostly they have to do with communicable diseases or anything serious enough to render the person a public charge. Autism will likely not cause any issue with your case.

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    Answered on

    If your son is the principal EB-5 investor, then he must be able to have the legal capacity to sign a contract under state law. Otherwise, if he is a beneficiary of your EB-5 petition to immigrate with you as a child, then this should not cause inadmissibility issues during consular processing stage when your I-526 petition is approved because autism is not subject to health inadmissibility grounds. You should ensure he has funds or health insurance coverage to be covered for any possible medical care he may need in the U.S. to avoid problems with public charge inadmissibility ground at the consular processing stage.

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    Answered on

    Autism should not prevent your son from qualifying for Permanent Residency. It will have no impact whatsoever on the approval of his EB-5 investor petition on Form I-526. If he is in the U.S., in all likelihood he will file for Adjustment of Status and not even be subject to a personal interview. If he is abroad at the time of his immigrant visa, he will be subject to a personal interview and, as long as he appears capable of performing a minimal role (which through a Regional Center is virtually no more than being a limited partner), then there should be no difficulty at all.

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    Answered on

    To become a lawful, permanent resident, there are certain grounds for inadmissibility based on health conditions; however, autism is not one of them. USCIS has health-related regulations for communicable diseases that may pose public harm as well as illegal drug use.

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    Answered on

    That would be most unlikely unless he poses a risk to others. Google Search for the USCIS Form I-693 and you will see the tests to be performed by the physician.

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    Answered on

    Autism is not a Class A Medical Ground of Ineligibility. I would, however, be ready to present documentation that shows how his health care costs will be covered to avoid general public charge provisions.

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