By Joey Barnett and Phil Kuck.
Are you an EB-5 immigrant investor currently living and working in the U.S. on an H-1B or L-1 visa?
If you’ve filed your Adjustment of Status (AOS) application concurrently with your EB-5 petition (I-526E/I-485), there exists a secret weapon to guarantee a smooth, domestic path to your Green Card.
This advanced strategy allows you to use your travel document while your AOS is pending without ultimately sacrificing your non-immigrant status, letting you avoid the risk of a lengthy, unpredictable process of Consular Processing (CP) abroad.
The H/L-1 Investor’s Dilemma: Travel vs. Safety Net
The ideal path for many H/L EB-5 investors is to remain in the U.S. while the I-485 is pending. But sometimes, you need to travel.
During the AOS process, you may be granted two vital documents:
- Employment Authorization Document (EAD)
- Advance Parole (AP) for international travel
The strategy alluded to above involves Advance Parole (AP).
For an H/L EB-5 investor, using AP to travel and re-enter the U.S. has a major consequence: it terminates your H-1B or L-1 admission status, converting your legal standing to that of a parolee.
Why is Losing H/L Status a Risk?
Your H-1B or L-1 visa acts as a crucial “safety net.“ If your I-485 is later denied, having a valid H/L status provides a foundation to remain in the U.S. If you become a parolee (due to traveling on AP while your AOS is pending) and the I-485 is denied, you are left without an underlying status and may face severe immigration consequences.
Secret Weapon: The Cronin Memo
The May 2000 INS Follow-up Guidance memorandum, commonly known as the “Cronin Memo,” provides the legal mechanism to restore your H/L status after re-entry on AP, thereby maintaining your safety net and avoiding Consular Processing.
This is the core authority of the strategy, as stated in the memo:
“If an H-1 or L-1 nonimmigrant has traveled abroad and was paroled into the United States via advance parole, the alien is accordingly in parole status.”
The memo continues, providing the critical solution:
“…an alien… may apply for an extension of H-1 or L-1 status, if there is a valid and approved petition. If the Service approves the alien’s application for an extension of nonimmigrant status, the decision granting such an extension will have the effect of terminating the grant of parole and admitting the alien in the relevant nonimmigrant classification.”
Translation Please?
By successfully returning to H/L non-immigrant status by filing for an extension on the H/L post-parole via the Cronin Memo, the H/L EB-5 investor avoids the need to leave the U.S. and re-enter using a new visa stamp obtained at a U.S. Consulate abroad.
This ensures that even while pursuing an EB-5 Green Card, you maintain a valid nonimmigrant status to rely on—a powerful safety net throughout your journey. However, this strategy is highly technical and should only be pursued after a consultation with an experienced immigration attorney.
DISCLAIMER: The views expressed in this article are solely the views of the author and do not necessarily represent the views of the publisher, its employees. or its affiliates. The information found on this website is intended to be general information; it is not legal or financial advice. Specific legal or financial advice can only be given by a licensed professional with full knowledge of all the facts and circumstances of your particular situation. You should seek consultation with legal, immigration, and financial experts prior to participating in the EB-5 program Posting a question on this website does not create an attorney-client relationship. All questions you post will be available to the public; do not include confidential information in your question.
