+1-800-997-1228
Questions & Answers

How can we change the principal petitioner of our EB-5 case?

We are Indian EB-5 investors. We filed our application in October 2018, with my wife being the principal applicant and my daughter and I as the dependents. We are worried that our daughter will age out due to the expected visa backlog for Indian nationals. Is it possible to make our daughter the principal applicant of our I-526 petition? My wife and I do not mind being excluded from the application.

Answers

  • Avatar

    Phuong Le

    Immigration Attorney
    Answered on

    You can make your daughter the principal applicant, but chances are you'll have to file a new I-526 petition and you'll lose your current priority date. She can always petition for you later on through family-based immigration if you don't mind delaying your entry into the U.S., though.

  • Avatar

    Julia Roussinova

    Immigration Attorney
    Answered on

    You cannot change the principal EB-5 investor in a pending I-526 petition. You may consider filing a new petition in your daughter's name as the principal EB-5 investor.

  • Avatar

    Lynne Feldman

    Immigration Attorney
    Answered on

    I do not know if this is possible.

  • Avatar

    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Immigration-wise, you'd need a new I-526 petition. Investment-wise, you would need to remove the money and put it in your daughter's name before she makes the investment.

  • Avatar

    Blake Harrison

    Immigration Attorney
    Answered on

    Unfortunately, USCIS does not allow the principal applicant to be changed on I-526 petitions. You would need to withdraw the case and re-file with your daughter as the principal applicant.

  • Avatar

    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Withdraw, gift the money or interest, and re-file with her as the principal.

  • Avatar

    Marko Issever

    EB-5 Broker Dealer
    Answered on

    Unfortunately, under the current law this cannot be done. You cannot transfer your principal interest to another family member. You will need to withdraw and your daughter will need to refile. This would not make any sense, of course, because when you filed the I-526 petition, your daughter's age was frozen. You are correct that there is some room for worry depending on her age. If by the time your I-526 is approved and applicants born in India start experiencing retrogression, there could theoretically be a problem that she could age out. Regardless, though, since you cannot transfer your priority date to her but rather would have to withdraw altogether and file a new petition, you would end up losing. So, your best bet is to wait and see. Hopefully, retrogression for India will either not come, or if it does come, it will not be nearly as painful as some in Washington are warning us. A main ingredient here is, of course, your daughter's age in October 2018.

  • Avatar

    Irina Rostova

    Immigration Attorney
    Answered on

    It is not possible to change the principal applicant. You would have to withdraw the old peri and re-file the I-526 petition anew.

  • Avatar

    BoBi Ahn

    Immigration Attorney
    Answered on

    There is no option to "switch or replace" the principal in an EB-5 petition. You would have to withdraw the pending petition and withdraw your investment if you need that capital to fund your daughter's investment, and then have your daughter file as the EB-5 investor (or, if you do not need the money from your investment for your daughter to use for her EB-5 processing, you can leave your petition/investment as is, and have her file separately).

  • Avatar

    Charles Foster

    Immigration Attorney
    Answered on

    You cannot make your daughter the principal petitioner on your EB-5 investment petition on Form I-526 that your wife has already filed. While there are proposals to make such a change possible, as of now, your daughter would have to file a new petition and create a new priority date. It may be possible for you to work out an arrangement with the project developer to transfer your investment to your daughter's account, but again, that would acquire a new petition and a new priority date.

  • Avatar

    Hassan Elkhalil

    Immigration Attorney
    Answered on

    No, you cannot. You may withdraw your application and file a new application under your daughter's name.

Add your comment

Use a Facebook account to add a comment, subject to Facebook's Terms of Service and Privacy Policy. Your Facebook name, photo & other personal information you make public on Facebook will appear with your comment.