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 2660 Questions Answered
- How can I file I-485 separately from my parents after my I-526 for direct EB-5 is approved?
- How can I marry my Indian girlfriend without jeopardizing my conditional EB-5 green card and pending I-829?
- How will I get my I-829 approved if my EB-5 regional center doesn''t file for re-designation?
- When should I file a writ of mandamus in my EB-5 case?
- Are there any I-526 based EAD work restrictions for an EB-5 investor?
- Does the new EB-5 regulations with concurrent filing include child age protection?
- How will the EB-5 regional center authorization impact existing investors?
- When can I legally add my spouse to my EB-5 petition?
- What should I do if I have both an EB-5 I-485 and an EB-2 I-485 petition?
- What is happening to I-526 petitions following the EB-5 reauthorization?
- Can I still submit a derivative i-485 for my spouse after my i-485 is approved for EB-5?
- When will consulates in India be able to issue visas for EB-5 again?
- Who is eligible to file for adjustment of status of i-485 based on a pending I-526?
- Do I need to divorce legally in the US as an EB-5 investor?
- What is the status of EB-5 consular interviews?
- What is the difference between AOS vs NVC filing for EB-5?
- What happens if the EB-5 main petitioner died while the I-829 is pending, can the spouse and adult child still get approval?
- What is the I-526 RFE response time and what happens to my I-485 for EB-5 if my I-526 is denied??
- When do EB-5 application quotas expire once processing starts in May?
- For Chinese EB-5 applicants, will the C5 and T5 categories have the same final action date as I5 and R5 in the new visa bulletin?
- How can I proceed if I qualify for a naturalization test while waiting for I-829 approval for EB-5?
- How can I add my spouse to my existing EB-5 I-526 application?
- If the EB-5 main petitioner died while I-829 is pending, can the spouse and adult child still get approval?
- How can I maintain my H1 until I get through theI-829 stage of EB-5?
- Is an EB-5 RC applicant eligible to file I-485, I-765, and TAD if he has H1-B or L1 Visa under the new EB-law?
- Will my child have aged-out during the EB-5 lapse?
- How do I file a writ of mandamus for my EB-5 I-829?
- What is the impact of our EB-5 application to my son''s F-1 visa?
- Will the consulate actively re-open the DS-260 and notice the applicants to update it prior to EB-5 interview?
- What happens if I have multiple I-485s for EB-5 and EB-2?
- How can I do a concurrent filing of I-526 along with I-485 for my EB-5 visa?
- How do we get green card benefits sooner according to the new EB-5 amendments?
- How do I update my DS-260 application after my personal information changed?
- How do I proceed if the NVC makes a mistake with my EB-5 petition?
- How can I submit my AOS based on an approved i-526 for EB-5?
- How can we ensure that our 24-year-old qualifies as dependent in our EB-5 petition?
- How can I file an employer sponsored green card (I-140) in conjunction with an I-485 change of status for EB-5?
- What should I do now when the EB-5 is reauthorized and my files have been stuck at the US consulate in India because of Covid and the lapse?
- How can I start studying on a pending EAD and pending I-485 for EB-5?
- How can I expedite my I-829 for EB-5?
- What is the direct EB-5 processing time for Indian nationals?
- What are the best practices if I want to leave the US before my EB-5 master hearing?
- What are the requirements for my EB-5 I-797 receipt and international travel?
- How should EB-5 applicants answer questions about immigration petition filing on the DS-160 form for B-1/B-2 visa?
- What are the current I-829 processing times and can I apply for N-400 without a decision on my I-829?
- How can we withdraw a direct EB-5 I-526 petition?
- Can I apply for an EB-5 visa while having a pending asylum to the United States?
- How long will an I-526 approval take after RFE for my EB-5 petition?
- What will happen with my I-829 approval if the jobs created in my EB-5 project are not enough for all investors?
- Is there normally a processing time difference between EB-5 direct and regional center petitions?
- Can I keep both my EB-5 green card and my marriage green card when both are conditional?
- How can I apply for a direct EB-5 visa if I am already in the US on a student visa?
- Can I work with my H4 EAD expiring next week and my I94 expiring 2 weeks later?
- Why do the I-525 applications through regional centers need to wait for reauthorization?
- How should I file my I-765, through STEM OPT extension or through AOS that is pending?
- How long does the EB-5 capital need to be at risk and when can I withdraw funds without jeopardizing the immigration process??
- How long does the USCIS take to finalize the processing of our EB-5 I-829 petition?
- With an EB-5 I-526 pending, is it possible to apply for an E-2 visa?
- What is the I-526 processing time for direct EB-5 pooled investments during the regional center lapse?
- How can my direct EB-5 visa investment amount be paid at the time of filing my petition?
- What happens to the Mandamus after my I-829 was denied for my EB-5 visa?
- Since the EB-5 regional center program has lapsed, is it reasonable for us to redeploy to keep the money as "at-risk" investment?
- How will my medical condition impact by EB-5 green card application?
- How can I file an EB-2 I-485 while I have a pending EB-5 I-485?
- When can I expect a response to my RFE for my EB-5 I-526 petition?
- What happens with the EB-5 regional centers and the interest for the investments during the reauthorization lapse?
- How can I as an EB-5 green card holder bring my infant child to the United States?
- What happens if the EB-5 job creating enterprise changes, will it count as a material change?
- What is the criteria for direct EB-5 full time job creation?
- How can I do direct EB-5 with a VC type investment as a gift if its in a TEA?
- What law protects EB-5 investors if a regional center or attorney acts in negligence?
- How can I bring on a federal lawsuit against the EB-5 Regional Centers because of the reauthorization lapse?
- How can my investment of capital into a company in the US be used for a direct EB-5 application?
- How can I get a refund of my EB-5 investment since my child is going to age out because of the reauthorization lapse?
- Is it possible for an EB-5 dependent to be removed from a petition after the I-829 is filed?
- How can I as an EB-5 investor withdraw an I-765 expedite request since I got an RFE?
- How can I and 63 other EB-5 investors launch a regional center class action lawsuit?
- How can I get back to the US legally from the Dominican Republic with an expired green card and expired I-551 stamp?
- What should I do if only some of my family members in my EB-5 application received the 24 month I-829 receipt?
- How can my child get an F1 visa while our EB-5 visa is pending?
- What do I do if USCIS indicates my case was updated to show fingerprints were taken but I have not received a biometrics appointment yet?
- How does a divorce impact a "follow to join" applicant in an EB-5 petition?
- As an EB-5 direct investor, how should I deal with my expiring E-2 visa while my I-485 is pending?
- How should I proceed if my I-526 petition was approved for EB-5 after I failed to file my I-829?
- What impact does the Behring appeal dismissal have on EB-5 investors?
- What is the best process to lock in the age of a child when filing DS-260 for EB-5?
- What precautions should I take when traveling abroad with a pending I-485 AOS for EB-5?
- If I delay the EB-5 interview and reschedule it, will this impact the child’s locked in age?
- How long does an USCIS ombudsman inquiry take in a direct EB-5 case?
- How can I convert my H1b to an EB-5 visa?
- What is the process for USCIS to evaluate the hold on pending I-485 AOS for the EB-5 regional center program?
- What will happen to EB-5 investors already in the U.S. if USCIS denies pending I-485 petitions (AOS) during the lapse?
- How long does it take for USCIS to process a RFE for my direct EB-5 petition?
- How can I apply for a new EB-5 after I failed to file my I-829?
- How can we fix a mistake on our I-829, 24 month receipts for EB-5?
- What can we expect regarding EB-5 regional center grandfathering of approved investors?
- What is the travel risk for an EB-5 investor with approved combo card: I-131 and I-765?
- What is the process with an approved direct EB-5 I-526 but with an expiring non immigrant E2 visa?
- What is the process if our EB-5 I-829 is denied?
- What are the litigation options for an EB-5 investor in the US with a denied I-485?
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. ...