Can I apply for the EB-5 visa after being laid off with an H-1B? - EB5Investors.com

Can I apply for the EB-5 visa after being laid off with an H-1B?

I was an H-1B employee (I-140 approved under the EB-2 category), and my spouse was an H4 dependent. But I lost my job and exhausted my 60-day grace period. We have filed for a B2 Change of Status application, and it is still under process. I recently came across a cleaning business based in a rural TEA area. The owner is planning to sell this 20-year-old business for $600k. Could I buy this cleaning business and use it as an EB-5 investment to apply? If yes, what are my options to stay in the U.S. while legally beginning the EB5 application?

Answers

Julia Roussinova

Julia Roussinova

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

Consult an experienced EB-5 immigration attorney since the preexisting business must meet specific requirements to qualify for EB-5. The amount you mention also does not qualify. Under 245k, there is a 180-day exception for AOS based on employment-based filing.

Lynne Feldman

Lynne Feldman

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Answered on

The EB-5 is an employment-based green card program, so if the Priority date is current and you can make the investment, get the I-526 completed and filed with the I-485 you can remain in the U.S. Best though to always have an underlying nonimmigrant status.

Linda Liang

Linda Liang

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

The answer to your question depends on where you are from. The bottom line is that if the visa is current, you may concurrently file I-526 and I-485. If you are from a treaty country, you will have another option.

Phuong Le

Phuong Le

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

If you are filing for EB-5, there's a 180-day grace period under 245K. It's unclear whether the business you're proposing qualifies though. Neither the investment amount or the structure seems to make sense for EB-5. Maybe safer to make a new investment.

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