Questions and Answers > EB-5 Investments

Can I waive the two year home country presence requirements for an EB-5 visa?

Can I apply for a waiver on a two year home country presence requirement if I am an EB5 investor?

Answers

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on November 3, 2013

  No you need a no objection waiver and/or IGA Waiver. Asylum or hardship waiver.

• Reza Rahbaran

  Immigration Attorney

  Answered on April 1, 2013

  Filing an EB-5 visa does not automatically remove the 2 year home country residence requirement for J-1 status. You will need to first obtain a waiver and then file your EB-5 petition. For further information please contact Rahbaran & Associates.

• Lei Jiang

  Immigration Attorney

  Answered on March 22, 2013

  There is no such requirement for EB-5 investor. Are you talking about J-1 visa?

• Mona Shah

  Immigration Attorney

  Answered on March 18, 2013

  The two- year home requirement rule under an J-1 will require a waiver, even if you have an approved I-526. Please feel free to contact us for further information. Thank you.

• Julia Roussinova

  Immigration Attorney

  Answered on March 13, 2013

  If you are in a J-1 status subject to the 2-year home country residence requirement, you first need to obtain a waiver based on one or more of the available waiver grounds before you can file I-526 petition and adjust your status to a conditional permanent resident in the US upon approval of your EB-5 investor petition. Filing for or obtaining an EB-5 visa approval does not provide you with an automatic waiver from the 2-year home country residence requirement, and you will not be able to adjust your status to a conditional permanent resident in the US without a waiver recommendation and approval. You should consult an immigration attorney to review your specific immigration situation and assist you with the waiver application. Do not hesitate to contact our office, should you need further assistance.

• Ying Lu

  Immigration Attorney

  Answered on March 13, 2013

  Certain exchange visitors (J-1) are subject to a two-year home-country physical presence requirement which requires you to return to your home country for at least two years at the end of your exchange visitor program. This is also known as the foreign residence requirement under U.S. law, Immigration and Nationality Act, section 212(e). If you are unable to return to your home country to fulfill the two-year requirement, you must obtain a waiver approved by the Department of Homeland Security prior to changing status in the U.S. or being issued a visa in certain categories for travel to the U.S. As indicated above, not all J-1 visa holders are subject to this two-year home-country presence requirement. Please contact an immigration attorney before moving forward with the EB-5 option.

• Ed Beshara

  Immigration Attorney

  Answered on March 13, 2013

  I am assuming you are talking about being in the US under a J1 status and after your authorized J1 status you are subject to returning home for two years. Applying for Conditional Permanent Residency on the basis of an EB-5 investment is not a ground for the waiver of the two year residency requirement.

• Daniel P Hanlon

  Immigration Attorney

  Answered on March 13, 2013

  There is no two-year home residency requirement for the EB-5 program.

• Igor Serbinin

  Immigration Attorney

  Answered on March 13, 2013

  Yes, you can. There are four waver basis depending on your particular J classification. The easiest one is to request a release from your country''s state department or consulate officer. For details an immigration attorney needs to review your particular case.

• Jinhee Wilde

  Immigration Attorney

  Answered on March 13, 2013

  If you are in J-1 status, which has the 2 year residency requirement, you must first apply for J-1 waiver and get it approved before filing I-526 under EB-5.

• Philip H Teplen

  Immigration Attorney

  Answered on March 13, 2013

  You can certainly seek a waiver of 212e home residence; but such is a totally independent application that has nothing to do with the EB-5 application. I am happy to discuss it further with you.

• Hans Burgos

  Immigration Attorney

  Answered on March 13, 2013

  Yes you can apply for such a waiver.

• Elizabeth Krukova

  Immigration Attorney

  Answered on March 13, 2013

  EB-5 application is not an automatic waiver of the home residency requirement, but you can apply for a waiver if you meet the criteria for such waiver.

• Boyd Campbell

  Immigration Attorney

  Answered on March 13, 2013

  Yes, you may apply.

• Laura A Edgerton

  Immigration Attorney

  Answered on March 13, 2013

  Yes, but the waiver of the two-year residence requirement is based on a different set of criteria and is not usually contingent on the type of visa that you are applying for.

• Fredrick W Voigtmann

  Immigration Attorney

  Answered on March 13, 2013

  The two-year home residency requirement is based upon medical training, the exchange visitor skills list, or on U.S. or foreign govt. funding for the program you attended. Being an EB-5 investor does not qualify you, by itself, for a waiver of the two-year home residency requirement. There are only four ways I know of to get such a waiver: possible persecution in home country, interested U.S. government agency/medical undeserved area/Conrad type waiver, a waiver based upon no objection from your home country?s government and a favorable recommendation from the U.S. Department of State, or a waiver based upon extreme hardship to a U.S. qualifying relative (USC/LPR spouse or child). You certainly can apply for one or more of these waivers if you are an EB-5 investor. You must meet the criteria for the waiver in order for it to be granted.

• Roberto Ortiz

  Immigration Attorney

  Answered on March 13, 2013

  In order to waive the two year foreign residency requirement due to the fact that you have a J-1 visa, you would have to apply for a waiver with the Department of State and then USCIS. Once you have obtained the approval of the waiver, you will be able to apply for the EB-5. If you have any other questions, please do not hesitate to contact me. Thank you.

• Karen Weinstock

  Immigration Attorney

  Answered on March 13, 2013

  No, you need another way to qualify for the J-1 waiver other than EB-5. You should talk to an attorney about your options.

• Susan Pilcher

  Immigration Attorney

  Answered on March 13, 2013

  The J-1 waiver process is distinct from the EB-5 process, and nothing about EB-5 affects J-1 waiver eligibility.

• Stephen Berman

  Immigration Attorney

  Answered on March 13, 2013

  If you mean 212(e) for a J visa, you would need to get a waiver to get the visa.