EB-5 stakeholders are now increasingly willing to challenge USCIS denials, delays, RFEs and interpretations of EB-5 regulations in the courts. And the courts are listening....
About Bernard P Wolfsdorf
Bernard P. Wolfsdorf is an immigration attorney and a managing partner at WR Immigration (Wolfsdorf Rosenthal LLP), an immigration law firm with offices in Los Angeles, New York, Oakland, Santa Monica, San Francisco and Shanghai. Wolfsdorf has been designated as a Certified Specialist in Immigration and Nationality Law by the State Bar of California for over 25 years.
WR Immigration is known worldwide for its excellence in providing value and top-quality global immigration representation.
Chambers USA – California rated only three firms as Tier 1, including WR Immigration. He has been consistently rated as “AV Preeminent” by Martindale-Hubbell and was selected as the “2018 Lawyer of the Year for Los Angeles” by U.S. News & World Report/Best Lawyers in America. Wolfsdorf serves on the American Immigration Lawyers Association's EB-5 committee and he is a past national president of AILA, where he was awarded its Service Excellence Award for his voluntary contributions. EB5 Investors Magazine has named him in its Top 25 immigration lawyers for the past 5 years.
He is a frequent speaker and author on EB-5 topics. The firm is known for providing innovative solutions to complex issues for its clients and handles a broad range of global mobility cases. WR Immigration has developed the most advanced Immigrant Management System available – WRapid - that has transformed the practice of immigration law. Chambers USA describes him as “[o]ne of the hardest-working immigration lawyers around.”
Answers to EB-5 2386 Questions Answered
- What happens after I file my I-824 for EB-5 and how long is the process to get the EB-5 visa?
- How can I change my EB-5 consular processing from Pakistan to UAE without causing delays?
- How can I apply for EB-5 as an F-1 visa holder without leaving the United States?
- What happens with my EB-5 investment if the EB-5 program is not reauthorized on June 30?
- Does USCIS require that the jobs for the EB-5 project still be in existence at the time of the I-829 petition?
- What happens if an EB-5 project has created sufficient jobs, but fails to be completed? How does it impact my EB-5 green card?
- How much can I be involved in my EB-5 direct investment before I get my EAD?
- Is there still time to get our interview before the EB-5 regional center reauthorization deadline of June 30?
- Is a completion delay of an EB-5 project considered as material change?
- What are the chances of I-829 approval if the EB-5 project is delayed and not finished?
- Why is my wife receiving a biometric letter even though she is not applying for EB-5 with the I-829?
- Could my EB-5 visa processing time change if I change my citizenship?
- What happens to an I-829 petition if the principal EB-5 applicant files and then leaves the country?
- How can I apply for an expediate process at NVC for my EB-5 application?
- How can I raise funds and create an EB-5 fund to help EB-5 investors get a green card if they invest?
- How can I correct a mistake on my DS-260 form for my EB-5 visa?
- Does having a virtual office in a TEA qualify as a physical presence for EB-5?
- How long should I expect it to take to transfer an approved EB-5 I-526 from USCIS to NVC?
- How can I combine applications for F-1 and EB-5 visas?
- How can I check if an EB-5 project is approved as an "expedited" project?
- How can I qualify for EB-5 if my passport is expired?
- What does it mean when an EB-5 regional center has created 80% of the jobs for a project?
- What can pending EB-5 investors do in term of litigation if the EB-5 program do not get reauthorized?
- If I do EB-5 direct investment, how can I hire my friends and family members?
- What are the chances of a successful Writ of mandamus if there is reasonable delay in an EB-5 I-485 adjudication?
- My I-526 was approved in December but USCIS still has not sent my EB-5 case to the NVC. What can I do?
- How do I change my address on a pending EB-5 visa application?
- When does the job creation time line start for direct EB-5 investment projects?
- What is the role of common equity when an EB-5 investor invests?
- How can I change the location of my EB-5 interview?
- At what point in the EB-5 process can we get our investment back?
- How long does an Indian EB-5 applicant need to wait for I-526 approval?
- What can I do with my EB-5 application if my CSPA request was not eligible?
- Am I required to prove lawful source of a loan from relatives if it was already paid back before initiating my EB-5 process?
- As an EB-5 investor with an approved I-526, what happens now when the company I invested in went bankrupt due to COVID?
- How can I add on a family member to my EB-5 application at the I-526 stage?
- How can I travel overseas while waiting for my EB-5 biometrics appointment for my I-485?
- How should I prepare for my consular interview when going from EB-5 to EB-3?
- How can I apply for an AOS for my EB-5 application on a B1/B2 visa?
- How can I apply for EB-5 direct investment but without an E2?
- How does the pending I-924 of our regional center impact our EB-5 I-526 processing time?
- What would happen with pending investors if the EB-5 program is not reauthorized?
- How can I as a Chinese EB-5 investor do the consular interview in Japan, where I live?
- How can we as EB-5 investors use the address of a friend or relative for a re-entry permit application?
- What are the EB-5 job creation requirements for the direct investment route?
- Our approved EB-5 I-526 was sent to NVC by mistake, but is it possible to file the I-485 now or do we have to wait for a fee bill?
- How can I re-enter the U.S. as an EB-5 investor if my conditional green card is expired?
- How do I best apply for my EB-5 AOS and why are they being transferred to the California Service Center?
- How can I make sure my child doesn''t age out on my EB-5 application?
- How is the EB-5 case processing time calculated when I transfer service centers?
- How can I change my EB-5 adjustment of status on an I-485 to consular processing before the I-526 decision?
- Why are the I-485 processing times for EB-5 so long?
- My I-526 visa was approved in February 2021, however how come there is no fee bill raised by NVS?
- How do I as an EB-5 investor fill out the re-entry permit application if I have no domicile in the U.S.?
- How do I get my green card faster, through an EB-5 I-485 or an EB-3 I-485?
- How do I count residency as a conditional green card holder during my transition from EB-5 to EB-3?
- Why does USCIS require you to keep EB-5 funds invested until the I-829 filing when the I-485 is taking at least 44 months to approve?
- How can I move forward with my approved I-526 when the American embassy is closed in Russia?
- What happens with my EB-5 petition if a regional center fails?
- How long does it take USCIS to send me electronic notification of receipt of my I-829 form?
- How can I still file an I-829 even though my investment money is not at risk during the 2-year conditional green card period?
- How can I remain FICA exempt on OPT even if I receive EAD/AP from AOS (i-485)?
- As an EB-5 investor, how can I leave the U.S. without receiving my AP combo card and not jeopardize my EB-5 application?
- How can I change my attorney in the middle of my EB-5 process to file RFE documents?
- How can I file for an F-1 visa while having a pending I-526 for EB-5?
- How can I transfer to another EB-5 project after receiving my conditional green card?
- How can I file an I-485 now if I have an approved I-526 and a pending H-1b extension?
- How can I as an EB-5 dependent withdraw from an EB-5 petition?
- I got my EB-5 conditional green card, how can my wife also get it?
- How can an EB-5 investor apply for a re-entry permit if the conditional green card has expired?
- If a common law marriage is recognized in my home country, how can I add my partner as a dependent on my EB-5 application?
- How will a DUI misdemeanor impact my EB-5 visa application?
- How can I set up my own EB-5 regional center or rent one?
- How can I go the EB-5 direct investment route if I don''t want to run a company myself?
- How can I apply for EB-5 direct investment by forming a company with a group of Americans?
- How do I create an EB-5 project in a TEA?
- What will happen with my EB-5 application now when Mayorkas ratified the 2019 EB-5 modernization regulations?
- How can I use my real estate investment equity to apply for EB-5?
- What should I do as an EB-5 investor if my spouse did not receive an official I-829 notice of receipt?
- If an EB-5 investor need to travel overseas, is the six-month rule considered in the aggregate or in a row to not risk losing my visa?
- Can I create a sub company in a different industry to maintain my EB-5 workforce while waiting for my I-829 decision?
- What are eligible areas to invest in for the EB-5 direct investment route?
- As an EB-5 investor studying in the U.S., how can I get my combo card before I graduate?
- What would happen with my EB-5 application after June 30 if the regional center program is not extended?
- How long does it take to get the EB-5 status updated after a biometric appointment?
- How can I as an EB-5 green card holder enter the U.S. when I have been overseas for 4 years?
- What happens if I am a derivative on an approved I-526 petition but I am about to get married with a U.S. citizen?
- How do I as a real estate developer use the EB-5 direct investment route?
- What happens with my consular processing for my EB-5 application if my country of residence change after I apply?
- How can I as an EB-5 applicant renew my re-entry permit outside of the U.S.?
- How can I make the processing time for I-829 for my EB-5 direct investment faster?
- How can I as an online trader prove source of funds for my EB-5 investment?
- How can I apply for EB-5 after I lost my F-1 status?
- How can I expand an existing business as part of my EB-5 direct investment?
- How should EB-5 applicants from Hong Kong use the priority date, same as China?
- How will the changes to the public charge rule impact my EB-5 application?
- Why is there a delay in the transfer of my approved EB-5 petition to the NVC?
- When can Indian natives expect approval of I-526 petitions?
- What can I do if I lost my passport with my i-551 stamp and was denied a return resident visa?
- How can I make sure that my invested EB-5 capital is safe while I wait for visa approval?
Verified EB-5 Investors
EB5 Investors Magazine and EB5investors.com Articles
Recent statistics from USCIS shows a more positive reality for those stuck in the EB-5 backlog and offers help for EB-5 investors with long visa wait times. ...
The COVID-19 pandemic has directly impacted the issuance of immigrant visas and the waiting line, including the movement of final action dates. These dates are green card applicants’ place in the waiting line....
The U.S. Citizenship and Immigration Services (USCIS) has published a final rule that makes a number of significant changes to its EB-5 Immigrant Investor Program. The final rule will become effective on Nov. 21, 2019. ...
What to expect from USCIS when it comes to minor EB-5 applicants, third party money exchangers, prior filing inconsistencies, bridge financing and material change. ...
When investors should and should not use a lawsuit to speed up a decision of a green card ...
With hundreds of EB-5 projects in the market to choose from and with permanent residency in the U.S. on the line, selecting the right regional center and EB-5 project to invest in can be an important, yet often intimidating, task....
For several months, the possibility of retrogression has weighed heavily on the minds of Chinese investors. Bernard Wolfsdorf explains the backlog, the likelihood of retrogression, and key considerations to keep in mind when working with clients with child derivatives. ...