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 3031 Questions Answered
- How can I apply for an EB-5 visa with profits I made in the USA while on a B-2 visa?
- How can I use EB-5 funds if it is not a new property?
- How can someone who lost their permanent resident status get it back or reside lawfully in the US?
- How can I go back to H-1B with an approved I-140 after switching to EB-5 EAD?
- How does my ongoing EB-5 process affect my I-130 approval?
- How can I include my new spouse in my EB-5 application if the principal applicant in my case was my ex?
- How can I travel overseas as an E-2 visa holder with a pending EB-5 application?
- What is the expected EB-5 I-485 processing time after I-526 approval?
- How can I maintain my green card as an EB-2 dependent while completing my studies abroad?
- How can I reverse decisions on my EB-5 case at different stages of the process?
- What is the approximate timeline for an EB-5 interview after submitting DS-260?
- How can I re-enter the U.S. as a tourist after giving up my TN visa?
- What are the risks associated with investing in rural EB-5 projects?
- How can an EB-5 beneficiary attend the court alone for cancellation of removal for lawful permanent residents after I-829 denial?
- How can I stay in the U.S. by submitting an I-485 while already in a period of stay authorized by attorney general?
- What are the potential results of filing an I-130 twice?
- How can I arrive at the U.S. on an E-3 visa then turn it into an EB-5?
- How can companies find EB-5 investors for their projects?
- How can I follow-to-join the green card application of my spouse while my EB-5 I-829 is pending?
- What happens to the application of dependents if the principal EB-5 applicant leaves the US without advance parole after filing I-485 together?
- How can applicants differentiate between announced and actual EB-5 processing times?
- How can I bring my spouse to the USA while my EB-5 I-526 is pending?
- What is the impact of submitting an EB-5 I-485 when applying for extension of B1/B2 status?
- How will filing an I-485 impact my future OPT application?
- How can I apply for an OPT extension after filing my I-485?
- How can I switch to an EB-5 visa while already in the U.S. on a tourist visa?
- How can an individual with a noncommunicable disease apply for an EB-5 visa and are there any special requirements?
- How can I channel EB-5 funds through a holding company?
- How does the EAD extension policy update by USCIS affect EB-5 investors?
- How can the primary applicant remove a dependent after their EB-5 I-829 has been adjudicated?
- How can I make sure my two siblings and I can afford our combined EB-5 investment amount?
- How can I create the rest of the ten jobs needed for my EB-5 removal of conditions?
- What ongoing uncertainties should potential investors know about regarding current EB-5 processing times?
- How would filing a mandamus affect my EB-5 case results?
- How does an OPT-based EAD differ from a green card-based EAD?
- How does the mandamus action of EB-5 investors in the same project affect my case?
- How can I take action against the EB-5 project that still has not completed my investment payout?
- How does the EB-5 age freeze work if I already filed my I-526 and reside in the U.S. on an F-1 visa?
- How will the status of my spouse affect my EB-5 application?
- What are the current interest rate trends for EB-5 capital?
- How can I work in the United States on an I-797C Notice for I-765 (C-09) application as an extension document?
- How can I get my I-485 and I-130 approved now that they have been pending for more than three years?
- How can I qualify for EB-5 if I withdraw my pending asylum application?
- How can current EB-2 visa holders fulfill EB-5 investment requirements?
- How can a TN visa holder concurrently file EB-5 applications?
- How does a third party hotel management company affect the job creation requirements of an EB-5 hotel development project?
- What are the rules around EB-5 NCE and JCE ownership?
- How can I make sure my immigration process does not get affected by my last name being stated differently in my passport and EB-5 petition?
- What happens to EB-5 dependents if the principal applicant surrenders their green card?
- How can EB-5 investors receive their permanent green cards without their I-829 getting approved?
- When can I file based on the EB-5 Chart B Priority Date?
- How can I fund my EB-5 investment with a secured loan?
- How does direct EB-5 work with limited partnerships?
- When can I file for U.S. citizenship if it has been 27 months since my EB-5 I-829 receipt date?
- How long is the average processing time for an EB-5 visa after I-526 approval?
- What are my legal options if my EB-5 project fails and I am not able to get my funds back?
- How can one maintain H-4 status while working on I-485 based EAD?
- How can I change the name of my child after having submitted an EB-5 green card petition for my spouse?
- How can I proceed with my EB-5 I-829 process if I do not have my conditional permanent resident card?
- What is the estimated EB-5 I-526E processing timeline post-RIA?
- What are the residency requirements for a direct EB-5 investor?
- How can a DACA recipient apply for EB-5?
- How can I travel outside the United States if I am currently on an OPT but my spouse has a pending I-130?
- How can I bring my EB-5 dependents to the U.S. as soon as possible?
- How can I buy an EB-5 regional center?
- How long does it normally take for USCIS to approve Form I-824?
- How can my EB-5 dependents come to the U.S. since we did not receive an NVC letter about their consular processing?
- How can I finance my direct EB-5 investment?
- How would my history of investment, business and taxes in the U.S. affect my B-2 visa status and touristic entry?
- How long does it usually take for an approved EB-5 applicant to receive their travel document and work permit?
- How can EB-5 investors with denied I-829s avoid deportation when the project is allegedly involved in fraud?
- How will the withdrawal of my EB-5 funds from the RC affect my I-829 processing?
- What happens to the green card of my spouse if my EB-5 I-829 gets denied, or if we get a divorce?
- How can an EB-5 investor prove that they were present in the U.S. at the time of application?
- What does it mean when my I-485 case has been moved to California Service Center?
- How can I transition from my E-2 visa to direct EB-5?
- What are the eligibility criteria for the automatic extension of OPT EAD cards?
- If the principal EB-5 investor with a pending I-829 does not stay permanently in the U.S., how does that affect their case approval?
- How long does it take to receive a response for an EB-5 expedite request?
- What is the best option for an unmarried, adult India-born applicant to get permanent residency in the U.S. – EB-5, E-2 or family sponsorship?
- What is the risk of the necessity for reinvestment if the processing of a UAE-based EB-5 application takes too long?
- How do EB-5 investors meet the at-risk and sustained investment criteria with a failing project during their conditional residency period?
- What is the processing time difference between an EB-5 regional center application and a direct one?
- How can I use a past investment for a current EB-5 application?
- How can I get my F-1 visa renewed while my EB-5 visa is pending?
- How will an EB-5 project lawsuit impact my L-1 and I-485 approval?
- How can I make sure USCIS denies my EB-5 I-526 petition?
- How does a matured EB-5 investors loan affect our future I-829 application?
- What does the change in EB-5 processing time methodology mean?
- What will happen to my EB-5 I-829 if job creation is delayed?
- How should I apply for a U.S. visa with an approved I-140 for NIW?
- How can I make sure the change of address form I submitted affects my address only?
- How can I prove source of funds for my home purchase from a long time ago to use the home equity loan for EB-5?
- How can I travel abroad if I am currently on OPT with an I-130 under review?
- How can I combine my EB-5 I-485 filing with EB-2?
- How can I file a follow-to-join application for my spouse as an EB-5 investor whose I-526 is approved and I-485 pending?
- How can I maintain my conditional green card as an EB-5 dependent while studying abroad?
- What should I do if my expired EB-5 conditional green card is stolen?
- What to expect if a naturalization interview has been scheduled while the EB-5 I-829 is still pending?
- What happens to my EB-5 funds if I do not submit an RFE response for I-526?
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. ...