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How can the public charge immigration rules impact EB-5 investors?

I am currently living and working in the U.S. with an H-1b visa. I submitted my EB-5 application last July and it is still pending. I heard that yesterday, the Supreme Court ruled to allow the public charge immigration requirements to take effect. How could this impact EB-5 investors living in the U.S.? What should I do to avoid being affected by the new rules?

Answers

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    BoBi Ahn

    Immigration Attorney
    Answered on

    If you are an EB-5 investor with active investment meeting the requirements for an EB-5 petition, you most likely will not be affected by the public charge regulation.

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    Jimena G Cabrera

    Immigration Attorney
    Answered on

    Public charge is a ground of inadmissibility. Therefore, it potentially impacts everyone who applies for lawful permanent residence in any category, including EB-5. Public Charge means an individual who is likely to become primarily dependent on the government for subsistence, as demonstrated by either the receipt of public cash assistance for income maintenance or institutionalization for long term care at government expense. As long as you do not receive government assistance, this ground of inadmissibility would not apply to you.

  • Avatar

    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    The fact is that as an H-1B visa holder, who may pursue EB-5 one day, you should not be affected by the new rule on public charge, unless you have been receiving any public aid or assistance. Make sure you comply with the new rule.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    The regulation is long and complex. One would expect that an EB-5 applicant working on an H-1b should not be worried. However, all applicants need to be cautious when applying for federal, state or even local benefits so as to not trigger the inadmissibility criteria of the new and more restrictive public charge provisions.

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    Robert West

    Immigration Attorney
    Answered on

    Same as anyone else. if the U.S. State Department or USCIS believes you will become a public charge, then no visa will be issued. People who invest $500,000 plus are generally not in that category.

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    Stephen Berman

    Immigration Attorney
    Answered on

    It seems hard to believe a person who has $900,000 to invest is likely to become a public charge.

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    Belma Demirovic Chinchoy

    Immigration Attorney
    Answered on

    As an EB-5 inventor, you do not need to worry about public charge grounds of inadmissibility. You have demonstrated access to financial resources so use them to pay for the expenses of your life and there will not be anything to worry about.

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    Vaughan de Kirby

    Immigration Attorney
    Answered on

    Do not seek or accept any public benefits. This also applies to your family members that will be seeking a green card through the EB-5 process.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    It is probably too early to tell for most recent I-526 applicants, as we do not yet know when or how these new policies will be implemented. Those who are getting their I-526s approved recently or have their priority dates become current soon should work to file for their green cards as soon as they are able to take advantage of the current regulations and policies.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    It is unlikely to affect you if you have sufficient funds to invest in the EB-5 program. This is to try and kick out marginally poor persons or not let them in to begin with if they might become public charges.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    As a nonimmigrant, you should not apply for or obtain any public benefits to which you are not entitled. You should consult with an immigration attorney before applying for any public benefit. Additional information can be found at https://www.uscis.gov/legal-resources/final-rule-public-charge-ground-inadmissibility.

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