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 2918 Questions Answered
- How can I qualify for an EB-5 visa if my only eligible asset is my existing company?
- How do changes in the visa bulletin affect the adjudication of pending EB-5 I-485s?
- How do EB-5 rules and regulations define "being in the process of investing the required amount of capital?"
- How do EB-5 and E-2 visas compare for applicants with little to no business background?
- How would a political offense on my criminal record impact my EB-5 application?
- How can I apply for a TN visa while my EB-5 I-526 is pending?
- How does concurrent filing work for EB-5 investors?
- How can I use my Caribbean citizenship to apply for the EB-5 visa after renouncing my original nationality?
- How does a lawsuit against my immigration attorney affect my EB-5 I-829 process?
- What are the qualification requirements of the 10 full-time employees for direct EB-5?
- Which bank account should I transfer money to while gifting EB-5 funds?
- How can a Canadian citizen travel internationally without jeopardizing their I-485 adjustment of status?
- What are the consequences of leaving the US while my I-539 application is pending?
- How can an approved EB-5 investor schedule the filing of a re-entry permit and removal of conditions while living outside the US?
- How will my EB-5 case get affected by the fact that my file got transferred to a local field office?
- How will my EB-5 dependent child get affected by the new CSPA law?
- How can I file a another I-485 as a dependent through my spouse while my I-485 application as a primary is still pending?
- How does the re-entry permit processing timeline work for an EB-5 conditional permanent resident?
- How should an EB-5 investor file taxes after Form W8-BEN is provided?
- Which EB-5 regional center payment option is more advisable?
- Are there any legal obligations to disclose my EB-5 application to my employer?
- How can I get an EAD with a pending EB-5 application?
- How can I start a business on an EB-5 EAD?
- How can my spouse be added to my EB-5 case if we got married after my I-526 approval?
- How can an EB-5 investor sponsor new dependents that were not included in the original application?
- How would getting a health insurance benefit for my U.S. citizen child impact my EB-5 I-829 process?
- How can I complete the EB-5 I-485 process with an expired passport?
- What should an EB-5 investor do if their child might lose CSPA protection but USCIS has not sent the case to NVC?
- With a pending EB-5 I-485, a valid F-1 visa and AP, which one should I use while reentering the U.S.?
- How can I expedite the processing of my I-130 petition if a visa is not available?
- How can I apply for citizenship before the removal of conditions on my EB-5 green card?
- How can value-add real estate syndications qualify for EB-5 capital?
- How can I file two I-526 applications for the same EB-5 project?
- Which relief applies to EB-5 investors who have had their I-829 denied?
- How will the recent policy change by USCIS related to CSPA affect Indian EB-5 investors?
- When should I file for my spouse, whom I married recently, if I have a pending EB-5 I-485?
- How can a writ of mandamus help accelerate my EB-5 process while my case is pending at NVC?
- What is my age protection status as an EB-5 derivative who is waiting for I-485 approval?
- What are the risks of entering the US from another country after getting EB-5 approval through consular processing in India?
- How can I port the EB-5 priority date of my spouse to my EB-1?
- How does concurrent filing for EB-5 impact the EAD timeframe for Indian nationals?
- How can we get a second approval notice for Form I-130 if we completely missed the first one?
- How can I switch to adjustment of status after receiving the EB-5 DS-260 letter from USCIS?
- How can apply for an EB-5 visa without having to liquify my holdings?
- If I have to choose between an EB-5 visa and the I-130 pathway, which one is more advisable?
- What are the exceptions for EB-5 fraud victims in generating the 10 jobs for removal of conditions?
- What can be done to expedite the processing time for an EB-5 application?
- How will my EB priority date get affected when my EB-5 I-526 is approved?
- How can I file for EB-5 adjustment of status while on an H-4 visa?
- What businesses are more likely to create 10 job opportunities for direct EB-5?
- Will the 48-month I-797 (EB-5 I-829) be effective with the ADIT stamp while traveling overseas?
- How can I apply for an EAD while my EB-5 I-526 is pending?
- What documents do I need in order to show the sale of my house as the main source of my EB-5 funds?
- When does an EB-5 investor obtain the right to apply for naturalization?
- How can an EB-5 investor apply through another country that is not their place of birth?
- What should I be aware of as the receiver of EB-5 funds in the form of a gift?
- How can I use my company that is located in a TEA for direct EB-5 investments?
- What happens if I do not give my consent to the EB-5 regional center when they seek to redeploy my funds after the original loan term is over?
- How can I confirm the validity of my status and continue working without visa issues?
- What is the capital spending timeline for an EB-5 direct investment?
- What should I do if my I-485 is pending but my I-94 will soon expire?
- What is the first step to successfully getting EB-5 money back?
- What are the reasons for the “notice explaining USCIS actions was mailed” status?
- How long after filing an EB-5 application should I expect to receive updates?
- What should I do when my B-2 expires with pending I-130 and EB-5 I-485s?
- What are the risks involved with the E-2 pathway compared to EB-5?
- How can I apply for Day-1 CPT school or H-1B visa while my EB-5 I-485 is pending?
- How can an EB-5 conditional green card holder sponsor their spouse after getting married?
- What is the tax situation on gifted EB-5 money?
- How does the EB-5 process work for a DACA recipient married to an H-1B holder?
- How can I combine EB-5 and H-1B?
- How can I work for a foreign company remotely from the US to switch to L-1 after my EB-5 project failure?
- What should an EB-5 investor do if their I-130 is accidentally sent to NVC?
- How can I apply for change of status to EB-5 with my H-1B revoked?
- How can a business partnership with a US citizen help with an EB-5 visa application?
- What should an EB-5 applicant do if they cannot make it to the consular interview?
- How long would an EB-5 I-526 direct petition take to be adjudicated in 2023?
- What happens if I remain out of the U.S. while waiting for re-entry permit approval?
- What happens to children of principal EB-5 applicants who turn 21 while the case is pending?
- How can we get a refund for our EB-5 investment that got rejected due to project failure?
- What should an EB-5 investor do if their I-829 application has been delayed for almost three years?
- What should an EB-5 investor do if their I-130 is accidentally sent to NVC?
- How can I change my consulate selection for EB-5 consular processing?
- How can I stay in the US legally with a denied EB-5 I-829, a pending I-485 and a valid combo card?
- How can I get EB-5 funding with my real estate project?
- What happens if I stay abroad as my EB-5 conditional green card expires?
- What should be the gap between EB-5 I-526 approval and the DS-260 process?
- What are the alternative ways of getting a green card if the EB-5 I-829 is denied?
- What are my chances of getting a U.S. visa approved if my L-1 I-485 got denied twice?
- How can we best perform due diligence while looking at potential EB-5 regional centers?
- How can I decide if it is justified to file a writ of mandamus for my EB-5 I-829?
- Which forms does an EB-5 regional center need to file after the recent changes?
- How can I apply for an EB-5 visa through concurrent filing while on H-1B?
- To what extent can an EB-5 investor be involved with the project they invest in?
- How can I remain in the U.S. after withdrawing my I-829 application due to EB-5 project failure?
- What are the risks of using an AP that got approved even though I traveled abroad with a pending EB-5 I-485 and I-131?
- How can I get an I-551 stamp if my I-829 is pending but my EB-5 project failed?
- How can an EB-5 investor with a pending I-829 prove that they are authorized to work in the United States?
- How have the recent changes affected EB-5 processing times for India?
- How can I invest in my own U.S.-based online business to get an EB-5 visa?
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As of February 20, 2013
- EB5Investors.com found no public criminal record on BeenVerified.com
- Active BAR member in good standing
EB5 Investors Magazine and EB5investors.com Articles
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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. ...
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Bernard P Wolfsdorf
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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....
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Bernard P Wolfsdorf
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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. ...
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Bernard P Wolfsdorf
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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. ...
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Bernard P Wolfsdorf
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When investors should and should not use a lawsuit to speed up a decision of a green card ...
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Bernard P Wolfsdorf
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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....
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Bernard P Wolfsdorf
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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. ...
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Bernard P Wolfsdorf