Questions and Answers > EB-5 Investments

How can an L-1 visa holder apply for EB-5 and remain in the United States?

I am currently on an L-1 manager visa and I have heard that because I own most of my company shares, I have to say that I plan on leaving the United States once my role is completed. I really don't want to go back to Venezuela because of dangers there. Is there a way that I can I still apply for an EB-5 visa and adjust my status in the United States? I am married so if I cannot apply, can my wife do the EB-5 petition instead?

Answers

• Salvatore Picataggio

  Immigration Attorney

  Answered on March 2, 2016

  If you have been in the United States for a long period of time, you may be able to develop immigrant intent and apply for the EB-5 visa. You will need to maintain legal status through the L-1 if you wish to adjust in the United States, so you may wish to renew the L-1 first for another two years of lawful U.S. status. However, please note that an attorney would need to carefully review your immigration history and goals for a specific plan for you. This answer is a generic answer based only on the limited details we have in your questions.

• John J Downey

  Immigration Attorney

  Answered on February 15, 2016

  Your wife may apply. You must watch your timeline on the L-1; perhaps seek an extension.

• Michael A Harris, Esq

  Immigration Attorney

  Answered on February 15, 2016

  If you can maintain your L-1 nonimmigrant status while you seek the EB-5 petition, then you could seek to adjust status when your I-526 petition is approved. More information is needed by you to determine if you can continue to remain in L-1 status, or extend your time here (maximum seven years in L status for managerial-level employees).

• Lynne Feldman

  Immigration Attorney

  Answered on February 15, 2016

  An EB-1C multinational manager would be seem to be much easier, but if you do not qualify for some reason then, yes, an EB-5 case can be done with the right investment amount and the creation of 10 new jobs.

• Robert Lee

  Immigration Attorney

  Answered on February 15, 2016

  As an L-1 holder you have dual intent and do not have to go back. You can do an EB-5, but have the option to do an EB-1, which is faster.

• Jimena G Cabrera

  Immigration Attorney

  Answered on February 15, 2016

  The presumption of immigrant intent is not applicable for L visas. This means that a petition for an immigrant visa, in your case the I-526 Petition by Alien Entrepreneur, may be pending while you maintain L-1 status. As long as you are in status and remain in status until you apply for adjustment of status, you do not need to go back to Venezuela. Yes, your wife could be the petitioner as well.

• Ian E Scott

  Immigration Attorney

  Answered on February 15, 2016

  It is not clear why you could not apply to extend your L. An L visa is a dual intent visa so you could apply for the EB-5 while on an L and still leave and enter the United States. Your wife could apply or you could apply. Either would work.

• Julia Roussinova

  Immigration Attorney

  Answered on February 15, 2016

  L-1 visa is a dual intent visa. You should be able to apply for the EB-5 visa while maintaining your underlying L-1 status in the United States. It is highly recommended you consult an experienced EB-5 immigration attorney to evaluate your case and advise you whether you or your wife would be the most appropriate candidate to apply for EB-5 as a principal investor. L-1 also leads to permanent residence in the United States, although not directly like EB-5. Your attorney should be able to discuss the chances of success going that route.

• Olivia Orza

  Immigration Attorney

  Answered on February 15, 2016

  Either you or your wife can apply for the EB-5 visa. As long as your L-1 status remains valid until you reach the adjustment stage, you should be able to remain in the United States while the I-526 application is pending and adjust your status here in the United States. The L-1 visa is a dual intent visa the EB-5 application should not have a negative impact on your L-1. I recommend speaking with an immigration attorney about the specifics of your case.

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on February 15, 2016

  First, you need to make sure you cannot file through your L-1, because ownership of shares is not a complete bar. Second, if you invested the right amount, there might be an EB-5 in your business. Otherwise invest in another regional center yourself or through your spouse.

• BoBi Ahn

  Immigration Attorney

  Answered on February 15, 2016

  Both L-1 and H-1B status holders in the United States may maintain what is called a "dual intent" in the United States. Which means, although you maintain nonimmigrant intent (i.e., intent to go back home upon completion of your stated business in the United States), you may file for and declare permanent resident intent in the United States by processing for a "green card." So you may process for the EB-5 while remaining in the United States under the L-1 status. Hope that clarifies.

• Gregory Romanovsky

  Immigration Attorney

  Answered on February 15, 2016

  Thank you for your inquiry. Yes, you can certainly try the EB-5 route. But before doing so, I would still explore the possibility of getting a green card in the EB-1C category. It may be possible.