Ian E. Scott is the president and founder of his own law firm, Scott Legal, P.C. Attorney Scott has an extensive immigration background, having filed a number of immigrant and non-immigrant applications for clients, including I-526, I-485, and I-829 petitions for EB-5 investors, and providing counsel on EB-5 securities issues. Scott Legal, P.C. provides legal expertise in all areas of business immigration law for individuals and companies, including investor visas such as EB-5 and E-2, employment-based temporary visas such as L-1 and H-1B, employment-based green card visas, family-based green cards, and other immigration visas and services. The firm also specializes in contract review and negotiation, business owner and entrepreneurial support, new business entity selection and set-up, and various other legal matters.
Prior to establishing his own law firm, Attorney Scott worked as a lawyer and litigation associate for the top 10 Wall Street law firm, Cleary Gottlieb Steen & Hamilton. In this capacity, he assisted clients with matters such as filing personal bankruptcy petitions, unemployment insurance appeals, motions for securities litigations and corporate bankruptcies, and contract negotiations. A certified Public Accountant (CPA), Attorney Scott also previously worked at Credit Suisse Investment Bank for over a decade, where he focused on risk management, banking, and finance transactional matters, and implementing Sarbanes Oxley regulatory requirements. He additionally has worked as an external auditor for Ernst & Young financial institutions, along with composing accounting opinions on business transactions for the Bank of Montreal.
Attorney Scott is actively involved in the Canadian Institute of Chartered Accountants, the New York State Bar Association, the New York City Bar Association, the American Bar Association, and the American Immigration Lawyers’ Association. He is a member of both the New Jersey and New York state bars. Attorney Scott has authored articles for publications such as Forbes, the William & Mary Business Law Review, Bloomberg Law, Lawyerist, and Above the Law, and also wrote the book Law School Lowdown. He earned his bachelor’s degree and master’s in business administration from the University of Toronto and was an Ontario Graduate Scholar. Attorney Scott graduated from Harvard Law School with his Juris Doctor and also served as the primary editor for the Harvard Human Rights Journal. He is fluent in English, proficient in Spanish, and has a rudimentary knowledge of French.
Answers to EB-5 252 Questions Answered
- Will I be able to get the administration fee back if the regional center project fails?
- How would I show source of EB-5 funds for lottery winnings?
- What is the difference between the L-1 and EB-5 programs?
- How can I stay in the U.S. if my visitor visa has expired but my I-526 has been approved?
- What should I do if my lawyer submits my I-526 filled with errors?
- Can I use a bank loan for my EB-5 investment?
- What will happen to my pending Adjustment of Status application if the EB-5 Regional Center Program is not extended?
- How are investors allowed to allocate investment funds in a direct EB-5 investment?
- What kinds of jobs will meet the EB-5 program requirements?
- What are the restrictions on using ESTA visas during EB-5 processing?
- How can an investor check on the status of their project during the EB-5 process?
- How long does it take for USCIS to reply to EB-5 applicants?
- How can an investor use E-2 funds for an EB-5 investment?
- What is the time limit to act on an approved I-526 petition for the EB-5 Immigrant Investor Program?
- What are the restrictions on EB-5 investors residing in the United States on another visa?
- What are the most common immigration investment visas in the United States aside from EB-5?
- What are the “accredited investor” requirements for the EB-5 Immigrant Investor Program?
- What happens if I file for an E-2 visa during the EB-5 process?
- How often should I be in contact with an EB-5 regional center?
- At what point in time do I need to move my EB-5 funds to the United States?
- How will a brief period of unlawful presence affect an EB-5 application?
- How should EB-5 funds be gifted to avoid source of fund issues?
- How will applying for citizenship elsewhere affect an EB-5 application?
- How will an EB-5 petition affect a filed family petition?
- When will the minimum EB-5 investment amount change?
- What can an employer pay for on the EB-5 application?
- What EB-5 source of funds type is the easiest to prove?
- How much of my wealth do I need to prove for an EB-5 visa?
- Who can get a green card with the main EB-5 investor?
- When must EB-5 regional center fees be paid?
- When does the period for continuous residence for naturalization begin?
- How close must I live to my direct EB-5 investment?
- What is Form DS-260 used for?
- How much money must I have to make an EB-5 investment?
- Who should be the main EB-5 applicant?
- When is the U.S. residence of an EB-5 investor guaranteed?
- When can an EB-5 investor apply for U.S. citizenship?
- When do I have to make the full EB-5 direct investment?
- How can we work in my parent's EB-5 business?
- Who must prove the source of funds for an EB-5 investment?
- How can our son stay in the United States if he ages out?
- What is the EB-5 project management fee?
- How would an F-1 visa refusal affect I-526 consideration?
- What are some reasons people apply to the EB-5 program?
- How can we count indirect EB-5 jobs?
- What is my immigration status once I have an EB-5 conditional green card?
- What happens if my EB-5 investment will not create jobs?
- How long will I have to transfer money to an EB-5 regional center?
- At what stage will an EB-5 investor receive their first K-1 form?
- When should I have my direct EB-5 business plan?
- What are the benefits of an H-1B extension with a pending I-485?
- How long after I incorporate a U.S. company can I apply for EB-5?
- What is the role of an EB-5 regional center?
- What does it mean if an EB-5 regional center is government-affiliated?
- How can an EB-5 investment be made with U.S. gambling winnings?
- Who decides if our EB-5 green card interview was successful?
- Where should the EB-5 attorney I hire be located?
- How is the country of origin determined for the EB-5 visa?
- When is an EB-5 regional center required?
- How will divorce affect an EB-5 permanent green card?
- How can I remain in status during EB-5 petition processing?
- How will applying for an L-1 visa affect my I-526 approval?
- How do additional family members affect an EB-5 petition?
- What happens if an EB-5 business does not make a profit?
- What is the difference between EB-5 and EB-2 or EB-3?
- How soon after marriage can a same sex couple apply for the EB-5 visa?
- What is the average time until consular processing post-I-526 approval?
- How long does an EB-5 application take to be filed and accepted?
- What is the most challenging part of the EB-5 process?
- What forms need to be filed in the EB-5 application process?
- How can I switch my EB-5 application over to my wife?
- How can we resume our H-1B visa after I-829 denial?
- What changes are expected in EB-5 law?
- How do I find EB-5 investment options?
- How can an L-1 visa holder apply for EB-5 and remain in the United States?
- How would denial of a tourist visa renewal affect an EB-5 petition?
- Why would our attorney not advise us to apply for EB-5?
- How are part time jobs counted toward the EB-5 10-job requirement?
- What is an EB-5 applicant required to apply for after I-526 approval?
- How secure is an EB-5 investment?
- How can I start running my EB-5 business during the application period?
- How can I spend my EB-5 investment money while the I-526 is pending?
- What happened to the proposed visa program for retirees to purchase homes?
- What may disqualify a visa holder from applying for EB-5?
- How does USCIS process EB-5 applications?
- How can we advance an EB-5 case affected by the 1998 AAO decisions?
- What restrictions are there on investing in a family EB-5 project?
- How does the EB-5 funding process work?
- How would an EB-5 application affect an H-1B extension?
- Where can I obtain clarification on EB-5 project documents?
- When must an EB-5 pooled investment be completed?
- How can a submitted EB-5 application be corrected?
- What is the expected timeline after submitting the EB-5 application?
- How do we decide between E-2 or EB-5 based on assets?
- What is an EB-5 investment in a “rural” area?
- How can a married couple apply for the EB-5 program?
- How many EB-5 investors can a startup business have?
- What happens if an EB-5 investor cannot complete I-829 biometrics?
- How will I know if my EB-5 investment at risk?
- How do I know whether the L-1 or EB-5 visa is better?
- How long after receiving a loan can an investor apply for EB-5?
- How can I change from an asylum case to an EB-5 visa?
- How many visa types can a potential EB-5 investor apply for?
- How can an EU citizen travel while waiting for I-526 approval?
- How can an E-2 investment later be converted to EB-5?
- What type of partners can a direct EB-5 business have?
- How do I vet a specific EB-5 regional center project?
- How does the EB-5 visa program differ by U.S. state?
- When is an EB-5 application considered to be outside normal processing times?
- How will applying for EB-5 affect a family visa application?
- How is an EB-5 existing business different from a new commercial enterprise?
- How can a stepchild become eligible for an EB-5 visa?
- What financial information do projects provide to EB-5 investors?
- What changes have been made to the EB-5 program?
- How can I immediately qualify for the EB-5 visa and move to the United States?
- How can a couple with a civil union apply for the EB-5 visa?
- How do I stay in the United States during I-526 processing?
- When does the family of the EB-5 applicant get green cards?
- How can several home purchases qualify as an EB-5 commercial enterprise?
- What documentation is needed to prove an EB-5 gift fund from China?
- How can an investor save money on EB-5 fees?
- What are the chances of my EB-5 case being rejected?
- How much of the EB-5 investment must be spent on restructuring?
- Why would an EB-5 investor want to invest in the program?
- What does I-526 petition “processing” mean?
- How many EB-5 applicants lose their principal investment?
- What will the minimum EB-5 investment be in 2016?
- How do regional centers decide when they will return the EB-5 funds?
- What happens if an EB-5 investor also applies for an E-2 visa?
- When are EB-5 investors and their family interviewed by USCIS?
- What am I eligible to do on a U.S. conditional green card?
- How many sources can EB-5 investment funds come from?
- How much of a time commitment is the EB-5 application process?
- What types of loans can be used for an EB-5 investment?
- How can I make an EB-5 investment using my company account?
- When does a real estate purchase qualify as an EB-5 investment?
- What are the benefits of the EB-5 green card?
- How can a same-sex partner also get an EB-5 visa?
- What are the source of funds requirements for non-EB-5 investors in a project?
- How can I obtain an EB-5 visa for my son through a regional center?
- How can I travel while on H-1B with an approved I-526 petition?
- What does it mean to prove “lawful source of funds” for EB-5?
- What is the current status of the EB-5 regional center program?
- How can a real estate credit line be used as EB-5 source of funds?
- How will my EB-5 case be affected by attorney disbarment?
- How can an investor still apply for EB-5 without source of funds documents?
- How do I create my own EB-5 regional center?
- How can I safely choose an EB-5 project before program changes occur?
- How can I apply for the EB-5 program based on a $60,000 salary?
- What happens if the I-829 petition is denied?
- How does the EB-5 adjustment of status process work?
- How can an F-1 visa holder travel after applying for EB-5?
- How would an Uzbekistan citizen transition from the E-2 visa to EB-5?
- How does a direct business document its EB-5 job creation?
- How can a married couple file separate EB-5 applications?
- How many family members can get EB-5 green cards?
- What is the purpose of the new I-829 petition?
- When do EB-5 applicants become subject to U.S. laws and taxes?
- What are the requirements after two years for the 10 jobs created?
- When will an EB-5 investor need a translator?
- What does a NOID mean for an I-526 petition?
- What if an EB-5 applicant is unable to provide tax returns?
- How quickly must 10 jobs be created in an EB-5 direct business?
- When must the full EB-5 investment payment be completed?
- When can an EB-5 investment come from unsecured loans?
- How does an EB-5 investor become a U.S. citizen?
- What are other possible sources of EB-5 capital?
- What is the maximum percentage of EB-5 funds that can be raised?
- Why are escrow accounts used when investing through EB-5 regional centers?
- How much should I know about the other EB-5 investors in a project?
- What will happen if an EB-5 investor withdraws a pending I-829?
- How can I reapply for EB-5 if I already received permanent residency?
- How can an investor use financing and qualify for direct EB-5?
- What are the EB-5 source of funds requirements for domestic capital?
- What are Regulation S and Regulation D?
- How can income earned on previous visas be used for EB-5 investment?
- What are the main problems that EB-5 applicants run into?
- What are the differences between the L-1 and the EB-5 visa?
- What is the best option for earning a return on an EB-5 investment?
- How can we prove EB-5 source of funds with transfer restrictions in place?
- What happens to the conditional green card after EB-5 project failure?
- How can the engaged child of an EB-5 investor still immigrate?
- What is the purpose of a job buffer in an EB-5 project?
- What types of EB-5 regional center projects are available?
- What happens if an EB-5 investor divorces after I-526 approval?
- Can an H-1B holder raise $1 million and apply for EB-5?
- How are the visa limits determined for the EB-5 category?
- How will retirement affect EB-5 visa eligibility?
- What are the EB-5 investment requirements for startups?
- How can we expedite our passport approval at Guangzhou Consulate?
- How do EB-5 requirements vary for different countries?
- How can an EB-5 immigrant work in the United States?
- Who is allowed to gift funds for an EB-5 investment?
- How can an EB-5 investor determine regional center quality?
- What should I know about EB-5 before deciding to invest?
- How can we ensure a project subscriber is an accredited investor?
- What type of business is the EB-5 visa suitable for?
- What jobs could be counted for an investment in an apartment building?
- How do investors become permanent residents if EB-5 is a visa program?
- When is an EB-5 investor eligible for a U.S. passport?
- What qualifications should an EB-5 immigration attorney have?
- How safe is an EB-5 investment?
- Where can we live when immigrating through EB-5?
- What business ownership percentage is needed to qualify for EB-5?
- When must a spouse be included on an EB-5 application?
- What can an EB-5 investor do if they are dissatisfied with project progress?
- What qualifies as lawful source of funds documentation for EB-5?
- How can an EB-5 application be expedited?
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- How do I find the best EB-5 project in terms of investment?
- What can be counted towards the $1 million investment requirement?
- What are the SEC rules regarding non-accredited EB-5 investors?
- How can I apply for EB-5 from outside my home country?
- How will individual employees affect I-829 approval?
- How can a lawful EB-5 investment be made from Bangladesh?
- What are the limitations for usage of EB-5 funds?
- What happens between I-526 filing and approval?
- How are EB-5 funds usually returned after I-829 approval?
- How are public-private EB-5 projects different?
- How can my fiance receive a green card through my EB-5 application?
- How will I-526 approval affect processing times for subsequent investors in a project?
- What offering documents are required for an EB-5 direct investment?
- What role do banks play in financing an EB-5 project?
- When do regional centers release funds to the job creating entity?
- What liabilities can result from translating EB-5 offering documents?
- What happens if a conditional permanent resident leaves the U.S. for six months?
- How can I apply for EB-5 if I already applied for an investor visa in another country?
- How can someone without an employment history apply for EB-5?
- Do I have to show proof of funds for a house purchased 10 years ago?
- What is the first step for businesses seeking EB-5 capital?
- What evidence is needed to prove job creation when filling Form I-526?
- What changes are being considered for Chinese EB-5 applicants in 2015?
- How can I apply for EB-5 if I do not currently own a business?
- What are the business ownership requirements in an EB-5 direct investment?
- How can I make an EB-5 investment under TN nonimmigrant status?
- How can money for an EB-5 investment be gifted from the United States?
- What will happen if not enough investors subscribe to a regional center project?
- How much profit can I expect from investing in an EB-5 project?
- How will issues with an EB-5 investor”s application affect a regional center project?
- How can I apply for EB-5 if overstayed my student visa?
- What are my options if my I-526 petition is denied?
- How can multiple EB-5 investors invest directly into a project?
- How will my EB-5 application be affected if I change immigration attorneys?
- How can I use funds in a trust to make an EB-5 investment?
- What should be included in an EB-5 business plan?
- How will previously living illegally in the United States affect my EB-5 visa eligibility?
- How will L-1 and E-2 denials affect my EB-5 visa eligibility?
- How does USCIS determine eligible family members of an EB-5 investor?
- How can an F-1 visa holder apply for an H-1B and EB-5 visa?
- What are the employment restrictions for an EB-5 investor in a direct business?
- How can I verify the legitimacy of a direct investment broker?
- Under what conditions of a failed project could my green card be revoked?