How can I transition from the Gold Card to the EB-5 visa? - EB5Investors.com

How can I transition from the Gold Card to the EB-5 visa?

Would it be an option to wait until the new gold card is official before making it my first option to invest $1 million, and to use the EB-5 visa as a second option if I am not accepted in the first?

Answers

Lynne Feldman

Lynne Feldman

EB-5 Immigration attorneys
Answered on

The EB-5 is much more reliable and already with regulations. I would recommend that one first, so you have a safety if the Gold Card is thrown out by the courts, which is quite likely in my opinion.

Richard A Gump, Jr

Richard A Gump, Jr

EB-5 Immigration attorneys
Answered on

The Gold Card and EB-5 are two different schemes, the latter being a visa backed by a statute and the former solely an idea in a Presidential Proclamation that has no legislative backing. While forms and a website have been created for the Gold Card, it may be judicially blocked since it is not legislatively enacted.

Robert Baizer

Robert Baizer

EB-5 Immigration attorneys
Answered on

The Gold Card program is just starting, so one cannot know yet how it will work out. It will require a one million dollar gift to the U.S., so, unlike the EB5 program, the money will be lost, not invested.
If the Gold Card program works, then there should be no reason to transition to EB5. The gold card should provide a much faster method to get permanent resident status than the EB5 program.

Sal Picataggio

Salvatore Picataggio

EB-5 Immigration attorneys
Answered on

Hard to say how long you may be waiting, but as with other green card options, two immigrant visa petitions may be pending at the same time, with the one approved first and with the green card available first continuing while the other is withdrawn. But keep in mind, this will be completely separate processes. The hypothetical gold card gift will not count towards an actual EB-5 investment.

Natalia Morozova

EB-5 Immigration attorneys
Answered on

The answer depends on how far you have gotten in your EB-5 process, whether you committed to a project, whether contracts were signed, whether money was wired. Or maybe you went with direct investment route. Please feel free to make an appointment to speak with an attorney.

DISCLAIMER: the information found on this website is intended to be general information; it is not legal or financial advice. Specific legal or financial advice can only be given by a licensed professional with full knowledge of all the facts and circumstances of your particular situation. You should seek consultation with legal, immigration, and financial experts prior to participating in the EB-5 program. Posting a question on this website does not create an attorney-client relationship. All questions you post will be available to the public: do not include confidential information in your question.