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How can my U.S. employer help me apply for an EB-5 visa?

I am on H1-B visa currently. How can my employer help me apply for an EB-5 visa? What are the possibilities if funding comes from the United States?

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    If your employer gifted you the $900,000 then you can apply using those funds. If, however, you have a good faith employer and unique skills, the employer may also be able to help you obtain green card via employment sponsorship in one of the several categories, such as EB-2 for master''s degree and EB-3 for bachelor''s degree candidates where there are a shortage of U.S. workers.

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    Stephen Berman

    Immigration Attorney
    Answered on

    They can give you a gift for the full amount of the investment and you can invest it.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    All or part of the funding for your EB-5 capital investment certainly may come from the United States, but it is not that clear how your employer can help you to apply for EB-5. The most likely scenario is that you would use your accumulated/maintained employment income, plus any investment income, plus any gifts, to consolidate your EB-5 investment. Your employer could give you a cash bonus or gift if they wish to help fund your EB-5 capital investment. The transfer would have to be fully documented to show that it was a gift and any tax payment/reporting was done in accordance with tax laws.

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    Phuong Le

    Immigration Attorney
    Answered on

    I mean, short of the employer giving you vested stock options that you can sell to fund your EB-5 investment, it is unlikely that your employer will help you here (unless your employer himself needs overseas capital and lets you own a share of the company).

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Funding may come from any lawful source. I would need to know the scenario you are thinking about with regards to your employer helping. You could potentially invest in an existing company such as your employer''s if that is the question.

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    Belma Demirovic Chinchoy

    Immigration Attorney
    Answered on

    Funding can come from a U.S. source. In terms of how your employer can help you, well, we need more info.