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How can an H4-EAD holder invest in a direct EB-5 project?

I am an H4-EAD holder and would like to invest my own funds in establishing a new commercial enterprise in New Jersey. Will there be any issues incurred by my current status that impact my ability to get the I-526 and I-829 approved?

Answers

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    There is the contradiction that if you running your own business and they take away your work authorization, you will not be able to work and manage the business. So you may have to hire a full-time manager to operate the business until your priority date is current. At that time, you can file for an adjustment of status.

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    Daniel A Zeft

    Immigration Attorney
    Answered on

    A foreign national in H-4 status could invest in a direct EB-5 project. You should have a consultation appointment with an immigration attorney who is knowledgeable about EB-5 because you need detailed advice concerning the situation.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    Making an EB-5 investment in, and even working for, your new commercial enterprise should be consistent with your EAD and H-4 status. You should check with an experienced immigration attorney to be sure regarding your particular situation.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    No, you should not have an issue because H-4 EAD is not tied to a particular employer and authorizes you to employ other persons. You will need to be otherwise qualified for direct EB-5, i.e., have a lawful source of funds, the new commercial enterprise must employ at least 10 full-time qualified employees (at least 35 hours/week), invest at least $500,000 if the new commercial enterprise is located in a targeted employment area, have a comprehensive EB-5-compliant business plan, etc.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    You may certainly invest the funds and file the I-526, but unless you have work authorization as an H-4, you may not work in that project until your conditional resident status is approved.

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    Marisa Casablanca

    Immigration Attorney
    Answered on

    An H4 may invest in a direct EB5 project. There are no restrictions as to the type of visa the person has to be able to apply for an EB-5 visa.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    No. You can do it!

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    As an H-4 EAD holder is not tied to any employer, you should not have any issue in establishing, running and earning income from your own business with the employment authorization. In order to file the EB-5 case, however, you must show the legal source of funds and path of those funds to the new business entity you will establish. Furthermore, depending on the location of the new business, the investment could be the full $ 1 million instead of $500,000 for the targeted employment area business. Finally, make sure that the business you establish will be able to create and maintain 10-plus full-time and permanent jobs until you file the I-829 few years from now.

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    Mitch Wexler

    Immigration Attorney
    Answered on

    No issue, as your H-4 EAD is an "open market" work permit. However, please be informed that this work permit program will very likely soon terminate, so you need to have a plan for who will run the business until your conditional green card status is attained and you can then come in to perform a meaningfully managerial role in the business.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    There is no rule that bars an H-4 holder from investing an EB-5. If the I-526 petition is approved, the H-4-EAD holder can adjust his or her status. Advisably, consult an EB-5 attorney to ensure that a right plan is put in place.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    No conflict or issue with starting your EB-5 processing while on H-4/EAD status, or to any future processing (i.e. I-829 removal of condition).

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    Charles Foster

    Immigration Attorney
    Answered on

    An H-4 non-immigrant with a valid EAD is free to invest in any viable enterprise in the United States. This is particularly true given the fact that with an EAD the individual may not only invest, but has the right to be employed once that enterprise is established. Any H-4 non-immigrant could also establish and invest in an EB-5 enterprise, although they would not be authorized to work in same, but that is not your situation. Thus, your current H-4 status would have no negative impact with respect to your eligibility to file an EB-5 investor petition on Form I-526 and a petition to remove conditions on Form I-829.

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