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 2486 Questions Answered
- Could USCIS make a good faith EB-5 investor decision even if fraud occurred in the regional center?
- How can we stay in the country while we appeal our EB-5 case to a federal immigration court?
- How do I get the extension from 18 months to 24 months for my I-797 for EB-5?
- Is it worth filing a mandamus in our EB-5 case to prevent our child from aging out?
- How are direct EB-5 I-526 petitions from India being processed?
- How do I as a hospitality company find EB-5 direct investors?
- What is the timeframe for a UK retiree to get the EB-5 visa these days?
- How long is the RFE processing times for EB-5?
- What is the direct EB-5 job creation timeline?
- How can I as a developer secure an EB-5 investor?
- How should EB-5 applicants answer questions about immigration petition filing on the DS-160 form for their H1b visa stamping?
- How can I remain in the US while my change of status is pending during the EB-5 RC program lapse?
- When will we know if the EB-5 investment amounts will increase again?
- How can I use an unsecured loan for my EB-5 visa investment?
- How can I travel outside of the US with a passport stamp for EB-5 but without an actual green card?
- With a pending I-829, what happens if the EB-5 project I redeployed my funds into is failing?
- How exactly is the EB-5 aging out process calculated according to CSPA?
- How can I apply for an EB-5 visa while my F2B application is pending?
- What will happen with the EB-5 investment amounts now after USCIS appealed the Behring Regional Center lawsuit ruling?
- When do I need to show proof of Covid vaccination when applying for an EB-5 visa?
- How can I add my spouse and change to consular processing for my direct EB-5 application?
- When will the U.S. open their consulates in China again for EB-5 processing?
- What happens with my status since my I-829 receipt expires soon and I am unable to schedule an info pass appointment?
- How can I use cryptocurrency for my EB-5 visa investment?
- How can I obtain an EB-5 green card funded with a loan?
- If I start a business as a sole proprietor for my direct Eb-5 investment, can I bring my family and relatives with me?
- How can we escrow the EB-5 investment after the I-526 approval?
- How likely is it that the EB-5 regional center program will be reauthorized by the end of 2021?
- Can I as an Afghan investor get priority for EB-5 due to the circumstances in my country?
- My E2 status expires in one month and my I-485 application and combo card has been pending for 14 months. Are they still processing combo cards?
- How can I apply for a student visa and an EB-5 visa at the same time?
- How can I start a business while I am on a conditional green card for EB-5?
- What is happening with my pending I-526 form through an EB-5 Regional Center?
- What happens if I file my EB-5 petition with the $500K amount and then the amount increases before my I-526 petition is adjudicated?
- How can I apply to be naturalized based on my marriage while having a pending I-829 for EB-5?
- What happens with my I-829 petition if the EB-5 regional center program dies?
- How does tax on EB-5 investments work prior to the investor getting a conditional green card?
- What happens if my I-485 for my EB-5 visa is rejected while I am on an F-1 visa?
- How can I travel on an F-1 visa while my I-5 visa is temporarily refused?
- How can I file my I-526 petition before I invest the total $1 million direct EB-5 investment?
- How can I change the corporate structure after my I-526 is approved but before the EB-5 interview?
- When can an EB-5 dependent travel to the US after consular processing approval?
- What should EB-5 regional centers and NCEs do when it comes to revising project documents?
- How can same-sex married couples apply for EB-5 on the same application?
- How does the EB-5 regional center program lapse impact I-829 petitions?
- At what point in the EB-5 process can I withdraw from my investment?
- How can I remove a dependent from my I-829 petition for EB-5?
- Can I hold an F1 student visa and a EB-5 visa at the same time?
- How can I set my EB-5 visa interview in the U.S. since I cannot get back to my country because of Covid restrictions?
- What happens with a pending combo card during the lapse of the EB-5 regional center program?
- What are the job requirements for direct EB-5 investments?
- What happens if the company filed bankruptcy after I filed I-485 for my EB-5 visa?
- What is my legal status while my I-485 for EB-5 is pending but the EB-5 RC program is on hold?
- Can I use my brothers address to open an account in the US for my EB-5 application?
- Is my conditional green card status illegal now that the EB-5 regional center program is on hold?
- I as the main EB-5 applicant got my green card approved before June 30 but my spouse did not. What can we do?
- How can I apply for a green card under EB-5 via direct investment when I am currently on H1B?
- How can an EB-5 regional center project be transitioned into a direct investment project?
- What can I do to make USCIS send my approved EB-5 case to the NVC?
- Can my brother, who is a U.S. citizen, gift me funds for my direct EB-5 visa and also be a partner in the business?
- How can we file for I-829 for EB-5 before our conditional green cards expire if we have no time to get a social security number?
- How will the lapse of the EB-5 regional center program affect my ability to seek an extension of my I-829 18 month receipt from USCIS?
- How can I appeal to get my EB-5 visa issued while waiting for the program to be reauthorized?
- Can I file for I-526 now by initially investing a part of the $500,000 in a franchise?
- What will happen to I-526 mandamus cases for EB-5 investors in federal court during the lapse of the EB-5 regional center program?
- How will the lapse in the EB-5 regional center program affect the waiting times for direct EB-5 cases?
- What happens with combo card processing while the EB-5 program awaits reauthorization?
- What happens with my EB-5 application now when Vietnam is current in the August visa bulletin?
- What can I do since my immigrant visa lapsed due to Covid-19?
- How can I prevent my child from aging out for our EB-5 application?
- Will my dependent child face student visa issues with an approved I-526 but before NVC contact?
- Do you get a tax deduction for an EB-5 investment if you made the investment money through capital gains?
- How can a DACA recipient qualify for an EB-5 Visa?
- How can I file I-485 based on EB-3 with my spouse, while I’m on temporary green card for EB-5?
- Would the reasonable redeployment period be considered as "at risk" for EB-5?
- WILL THE NVC KEEP PROCESSING EB-5 VISA APPLICATIONS BASED ON APPROVED REGIONAL CENTER EB-5 PETITIONS?
- Am I still on a normal processing time for my EB-5 visa?
- What happens with EAD and advance parole applications while the EB-5 RC program has lapsed?
- How will the EB-5 RC program lapse impact me if I filed an EB-5 Writ of Mandamus in March?
- How will the lapse of the EB-5 regional center program impact my consular interview this month?
- Since the EB-5 RC reauthorization has lapsed, will USCIS adjudicate AP Combo Card applications while putting I-485 applications on-hold?
- Why did my spouse get his EB-5 biometrics appointment but not I?
- Why am I getting an EB-5 visa interview in July when the EB-5 regional center program is expired?
- What happens if I lose my L-2 visa status given that the EB-5 regional center program has lapsed?
- How can I best show my EB-5 conditional permanent resident status for medical school when my status is expiring and so is the EB-5 program?
- Are all EB-5 visas processed through CSC and how can I speed up the process?
- What happens if I apply for EB-5 now at $500K and then USCIS increases the investment amount?
- What happens with my EB-5 application and investment now when the EB-5 program was not reauthorized?
- Since I have invested $900,000 in a TEA, what happens with my EB-5 application now since the investment amount has returned to $500,000?
- Do I file a DS-260 form or an I-485 form for my EB-5 application if my kids are already studying in the U.S.?
- How long do jobs need to be sustained for an EB-5 regional center project?
- How will it impact future visa applications if my visa was revoked due to EB-5 fraud?
- How can I apply for expedited processing for my EB-5 application?
- How can I file an EB-3 based 10-year green card when I already have an EB-5 based conditional green card?
- What do I need to prepare to file my I-829 petition for EB-5?
- How can we use our E-2 business to get an EB-5 visa?
- How can I change my consular processing location for EB-5?
- Do I need to maintain in TN visa status when my I-485 for EB-5 is pending?
- Can I add my spouse to my EB-5 application later if I indicated "No" to "Applying for Visa Abroad" in I-526?
- What happens if the EB-5 project has created 90% of the required jobs but then fails?
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. ...