Questions and Answers > EB-5 Investments

How can I visit the USA while my EB-5 application is pending?

I applied for EB-5 in 2019 and the application is still pending. I applied for a visitor visa in 2021 but the application was denied due to dual intentions. How can I go to the USA while my EB-5 application is still pending?

Answers

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on August 22, 2022

  First, you have to show you have no intention of leaving your home country now. Second, you need to establish a good reason for the visit and it must always be truthful. Interestingly, the guidelines specifically provide for a visitor visa for certain investors. "..., an applicant pursuing EB-5 immigrant visa may be issued a B visa to examine or monitor potential qualifying investments if the applicant otherwise establishes qualification for a B visa, including that they do not intend to enter the United States to pursue adjustment of status." 9 FAM 402.2-5(C)(7) (U) Investor Seeking Investment in United States.

• Lynne Feldman

  Immigration Attorney

  Answered on August 22, 2022

  You can re-apply for the visitor visa or another visa you qualify for, but bring stronger evidence of your intent to return abroad while awaiting your I-526 approval and confirming you sent this up for consular processing.

• Stephen Berman

  Immigration Attorney

  Answered on August 19, 2022

  Try to find an employer to sponsor you for an L-1 or H-1B.