Questions and Answers > Other Eb-5 Questions

How can we switch the principal applicant of an EB-5 case?

Our I-526 was approved with my wife as the principal applicant. The construction of the regional center project we invested in has been completed. My wife’s EB-5 visa was denied due to an inadmissibility ground. We are not sure if we can get a waiver for it. Meanwhile, we are wondering if we can switch the principal applicant to me so my son could still enter the U.S. as my dependent.

Answers

• Belma Demirovic Chinchoy

  Immigration Attorney

  Answered on November 25, 2019

  You cannot switch a petitioner. Consult with an attorney and the regional center to see what options you may have.

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on November 25, 2019

  There is no provision to switch from one principal to another. You have to refile a new I-526 petition.

• A Olusanjo Omoniyi

  Immigration Attorney

  Answered on November 22, 2019

  You cannot switch the principal applicant. It is advisable that you withdraw your petition, get the investment money back and then refile with another principal petitioner.

• Salvatore Picataggio

  Immigration Attorney

  Answered on November 21, 2019

  There is no current process to switch. A new investor would have to start a new process.

• BoBi Ahn

  Immigration Attorney

  Answered on November 21, 2019

  There is no provision for replacing the principal EB-5 investor for USCIS purposes. At this stage, you or your son will have to invest the required minimum capital and start a new process as the principal investor.

• Charles Foster

  Immigration Attorney

  Answered on November 21, 2019

  You or your son would have to file a new EB-5 petition.