How can an EB-5 dependent work while their I-290B is pending? - EB5Investors.com

How can an EB-5 dependent work while their I-290B is pending?

My mother is a petitioner under the EB-5 program. We have been living and working in the U.S. as green card holders/LPRs. USCIS denied our I-829 in September 2023. We will file the I-290B motion to reopen or reconsider in the coming days. I have accepted a job offer based in NYC and the company is currently conducting a background check. I am worried that the USCIS denial would raise a red flag. My I-551 stamp is effective until February 2024. Am I eligible for employment? What should I expect?

Answers

Lynne Feldman

Lynne Feldman

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

You may work with the ADIT stamp until that date or any extended date.

Ying Lu

Ying Lu

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

No, you will not be able to work since your conditional residency has been terminated upon the denial of the I-829 petition.

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