I am wondering how USCIS treats EB-5 investments in some businesses that are legal at the state level, but illegal at the federal level. For example, if an EB-5 investor were to make a qualified investment in a cannabis-related business, would USCIS deny their EB-5 application? How are EB-5 investment opportunities affected by state law versus federal law?
Answers
Fredrick W Voigtmann
Find an EB-5 Visa Lawyer: Immigration AttorneyImmigration law is federal law, so I think that is your answer.
Ed Beshara
Find an EB-5 Visa Lawyer: Immigration AttorneyYou ask a very interesting question and an experienced EB-5 immigration attorney will be able to advise you. The following analysis may assist. There are many EB-5 hotel casino projects constructed in the United States which legally allow casinos.
Michael A Harris, Esq
Find an EB-5 Visa Lawyer: Immigration AttorneyThe issue might be more that an investor making an investment into a cannabis or marijuana project that is legal in a state may potentially become inadmissible to the United States. The federal government could potentially find that they have reason to believe that a foreigner is involved in the illegal trafficking of a controlled substance. Although the substance is legal on the state level, it is not treated the same on the federal level.
Julia Roussinova
Find an EB-5 Visa Lawyer: Immigration AttorneyThis will highly likely not qualify.
John J Downey
Find an EB-5 Visa Lawyer: Immigration AttorneyEB-5 is a federal law. Federal rules are applied. I am very sure your application would be denied.
Robert V Cornish Jr
Securities AttorneysMy reading of the EB-5 statutes indicate a prohibition on funding generally illegal activities under federal law. Under federal law, cannabis is still illegal. State law does not have any bearing on this. The investment would not be "qualified."
Salvatore Picataggio
Find an EB-5 Visa Lawyer: Immigration AttorneyFrom my recollection, this exact question has been brought to the Program's attention during stakeholder calls, and I believe that the businesses has to be lawful under federal law, as the Program is a federal program.
Jinhee Wilde
Find an EB-5 Visa Lawyer: Immigration AttorneyPlease note that the immigration law is based on federal laws. Thus, the federal laws supersede any state laws. Also, please note that the most important issue to consider in the EB-5 process is NOT whether the investment will yield a great rate of return, but whether you could safely obtain the green card and keep it by creating the requisite number of jobs. Thus, in addition to whether USCIS will consider the cannabis-related business as a legally allowed business for EB-5 purposes, I must question whether such business will be employee intensive enough to create 10+ full-time permanent jobs that will be backed by W-2s and I-9s.
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