My employer got his green card as an EB-5 investor. I am not an associate or partner of his company. Are EB-5-based companies eligible to help employees apply for green cards? Can he apply for a green card for me when I work at the company?
Answers
John J Downey
Find an EB-5 Visa Lawyer: Immigration AttorneyHe can apply for you as an employee under the PERM program from the Department of Labor.
Salvatore Picataggio
Find an EB-5 Visa Lawyer: Immigration AttorneyA U.S. employer can petition for a foreign employee through the PERM and EB-2/EB-3 visa processes. This is a separate and distinct process from the EB-5 program.
Julia Roussinova
Find an EB-5 Visa Lawyer: Immigration AttorneyOne has to be an investor with a lawful source of funds to be eligible to file for an EB-5 visa. If you are not an investor with a lawful source of funds, then you are generally not eligible to file for an EB-5 visa. If you can demonstrate that you have accumulated sufficient funds to be an EB-5 investor (such as, for example, a gift of funds; salary, dividends, or a loan from your company secured by your personal assets; inheritance, sale of real estate or other assets, etc.), then you may be eligible to file for an EB-5 visa. You should discuss the specifics of your situation with an experienced EB-5 immigration attorney who can guide you.
Jinhee Wilde
Find an EB-5 Visa Lawyer: Immigration AttorneyAs long as the employer could demonstrate that he does not have a U.S. worker to fill the job, he can sponsor. However, as an EB-5 investor, the position for which he would sponsor you cannot be one of the 10+ jobs he will count in order to obtain the removal of conditions on his EB-5.
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