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Questions and Answers > EB-5 Requirements

How can I apply for EB-5 on H1-b?

I am on an H-1b and my spouse is on an H4 visa. My spouse is a partner in two LLCs and the LLCs have restaurants in the Portland, OR area. Is EB-5 an option to consider in our scenario?

Answers

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    It could be. I''d have to look at the investments to be sure. H1B is a dual intent status so pursuing an EB-5 is OK, but it may not give you bonus H1B time like pursuing an EB2 or EB3 might.

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    Michele Franchett

    Immigration Attorney
    Answered on

    If you want to run the EB-5 business yourself you will need employment authorization to do so.

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    Stephen Berman

    Immigration Attorney
    Answered on

    Sure, as long as you have enough funds to invest and can create the requisite number of jobs.

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    Catherine Rushford-Padilla

    Immigration Attorney
    Answered on

    EB-5 is always an option for qualifying investors but is not the only route to have a permanent residence and/or to develop/work your business in the USA. To assess what option is best for your case, you would need and in-depth business-legal consultation.

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    Luciana Zamith Fischer

    Immigration Attorney
    Answered on

    If your spouse has invested the minimum investment threshold and 10 new direct jobs were created as a result of her investment (indirect if the investment was structured with the sponsorship of a regional center), then she may qualify as an EB-5 investor. There are also specific rules for troubled businesses. You should consult with an immigration attorney to explore if EB-5 is an option for your family.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    EB-5 definitely is an option. As long as you maintain a valid nonimmigrant status, particularly H-1B/H-4 status, you and your spouse are eligible for adjustment of status in the United States. You should speak to an experienced EB-5 attorney who can advise you on the requirements.

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    Belma Demirovic Chinchoy

    Immigration Attorney
    Answered on

    H-1B is a dual intent visa so pursuing EB-5 would not jeopardize your H statuses. More information is needed regarding the eligibility of the restaurant for EB-5, among other things. It depends on your investment in those entities. The investment must meet the minimum EB-5 investment requirement.

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    Charles Foster

    Immigration Attorney
    Answered on

    Yes; you could apply through your spouse assuming the investment meets all of the EB-5 legal criteria. There is no conflict with your H-1B or H-4 statuses.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    Yes, you should seriously consider it. Consult an EB-5 attorney to overall preliminary issues to determine if it will be of a good fit for your family situation.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    If she has made an investment in the required amount, and these investments help create 10 full-time jobs for U.S. workers, there might be a case.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    It could work. But if it is an existing restaurant, 10 more full-time employees would have to be hired. It must be a net increase of 10 new employees. Can the restaurant afford to do that? If the restaurant has been losing money, per its federal income tax returns, then you might not have to hire 10 new employees; you can save 10 jobs.