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What is needed for an EB-5 enterprise to sponsor an employment-based green card?

I invested in a direct EB-5 several years ago and am now running the business under a conditional green card. The business has fulfilled the job-creation requirements and my I-829 is pending. This spring I sponsored my nephew for an H-1B visa and his case has been approved. Now I want to sponsor him for an employment-based green card (Form I-140). Can an EB-5 enterprise submit an I-140 application for foreign employees? What vetting process might the enterprise go through? Could this impact my ability to remove conditions?

Answers

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    Marko Issever

    EB-5 Broker Dealer
    Answered on

    You have already fulfilled your job-creation requirement, so the fact that your nephew, a foreign national, will not count toward the required job creation is not an issue for you. There should not be a problem with your I-829 in the removal of your conditions, either. The only serious issue could be the familial relationship you should disclose to USCIS. They might not believe you that you made adequate efforts to hire a U.S. national or someone who is authorized to work in the U.S. before you decided to sponsor your nephew. On that basis, your nephew's employment-based permanent residency application might be denied.

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    Hassan Elkhalil

    Immigration Attorney
    Answered on

    Yes, you can sponsor the foreign employee but you cannot count this employee as one of the 10 required employees. You will go through the normal process when submitting I-140. Sponsoring the foreign employee should not affect your conditional residency.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    If this is a legitimate position and you can show there are no qualified U.S. workers, you might be able to sponsor him for a green card. However, the immigrant visa petition requires you to disclose a family relationhip between the company and the foreign national. They, therefore, may not believe you trying to find a qualified U.S. worker.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    An EB-5 enterprise can petition for foreign employees either for an H-1B visa or employment-based green card (I-140) if the entity can meet the requirements associated with each type of visa. However, before you embark on such a venture, examine your own filing of I-829 that is still pending. Unless your I-829 is successfully pursued, any I-140 application for foreign employees is likely to be in jeopardy. Advisably, consult an EB-5 immigration attorney for thorough evaluation of all your facts and plans prior filing any I-140.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    Your business can sponsor someone else. However, for a permanent green card, the Department of Labor and USCIS do not allow you to sponsor family members (except under some rare circumstances).

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    Julia Roussinova

    Immigration Attorney
    Answered on

    Depending on your nephew's qualifications, it may be EB-3, EB-2 or an EB-1 I-140 case. Generally, EB-2 or EB-3 I-140 cannot be submitted with USCIS until you have tested the labor market, filed PERM for the beneficiary and it is certified by U.S. Department of Labor. Consult an experienced immigration attorney for a comprehensive consultation.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    There is not a problem because it is an EB-5 business. But it could be a problem because of the familial relationship, as this is a question in the labor certification process.

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    Belma Chinchoy

    Immigration Attorney
    Answered on

    An EB-5 business is any other business when it comes to sponsoring foreign nationals. Your newphew on an H-1B does not count toward EB-5 job creation, of course. Make sure you disclose the familial relationship, if needed.

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    Charles Foster

    Immigration Attorney
    Answered on

    As a lawful permanent resident, your business, presumably an incorporated entity, would be eligible, like any other viable U.S. business, to sponsor a foreign national for both H-1B status and lawful permanent residency. The sponsorship of a foreign national should not have any adverse effect on your ability to remove conditions.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    An EB-5-funded business can indeed hire and sponsor foreign nationals for lawful permanent residency. There is no additional vetting process for EB-5-funded businesses for sponsoring a foreign national. The only limitation is that the foreign national hire will not be counted toward the requisite minimum job-creation requirement for EB-5 purposes when its time to file I-829 to remove conditions.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Family members cannot count toward EB-5 job counts (but you are already past that point), but also sponsoring family members for employment-based permanent residency may also be an issue, more than that the sponsoring business is an EB-5 business.

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