I have a father who wants EB-5 status and he has a wife and 2 children, however 1 child just turned 23 but is a full time student and will be for another year at least. What is the most efficient and simplistic way to get the father his EB-5 status as well as his son? If the son cannot gain EB-5 status under the father''s application, what should he and the father do as the son will be working directly in the business the father is investing into?
To answer your question, EB-5 investment for both the father and son is the most efficient and simplistic way to gain legal status. If the son will be working for the company the father will be investing in then, other visas that will allow the son to come and work legally in the United States could be possible.
The father may gift $500,000.00 to the son over 21 years old and the son becomes an EB-5 investor.
Since the child is over 21, he can not be included in the green card processing as a derivative dependent, but once you become a permanent resident you should petition for him as an unmarried child over 21 of a permanent resident. In the mean time, if your son will be working directly for the business, he may be filed by the business to work for the company under H-1B (provided he has at least a bachelor''s degree and qualifies for the H-1B) or E-2 (depending on if there is a treaty between the U.S. and your home country). This way, your son will be able to come to the U.S. with you until his green card comes through.
If the son is over 21, the son cannot apply with the father. Of course, the company into which the father made the investment could possibly file for a non-immigrant visa perhaps an H-1B for the son.
Children over 21, even those that are full-time students and dependents, cannot obtain residency through a parent''s employment based visa application. This means a separate immigration visa petition will need to be filed. It should also be noted that the son will not be able to work in the business without the appropriate work authorization. Depending upon their financial situation, the father could consider gifting funds to his son to allow him to file a separate EB-5 petition on his own. If that is not possible, alternatives should be reviewed by competent counsel depending upon the specifics of the situation.
Depending on the structure of the investment, L1 may be an option. Another option may be a H1B visa.
No good solution. Once the father gets his own green card he can petition for the son but it will take several years for the son to obtain a green card. The father could also loan money to the son to do his own EB-5 case or the son can find an employer sponsor. Again not instant, it will take several years and he would need to maintain a non-immigrant status in the interim. Is the father investing in his own business or a Regional Center? What are the son''s skills, education?
The son has to 1) apply for an EB-5 himself or 2) Wait until the father obtains his legal permanent residency status and applies for him under category of unmarried sons and daughter of a Legal Permanent resident (takes years) or 3) possibly obtain a higher education degree, find an employer willing to sponsor him, and apply for legal permanent status through employer.
The son cannot be a derivative on the EB-5 due to his age. Depending on what country the son is from, he might consider an E-2 after school. I would need some more facts. I would be happy to assist you. Please call my office and make an appointment to discuss.
Any child who is 21 or over will need to invest on his/her own. So if the father and the son wants to obtain his residency through EB-5, they both need to invest the minimum amount and apply separately. They can both invest in the same company. The father can gift money to the son and the son can invest as well. If you are doing $500k investments, both of them will need to invest $500k each. Good luck
The 23-year old son is no longer considered as a child for the purpose of immigrating with the father. Either the son will have to qualify for a separate EB-5 or for another visa that will allow him to work for the business.
The only option is to do two EB-5, each for $500,000. Or, father can do EB-5 and the child of 23 year-old can do E2 that requires much less investment. That assumes E2 is available for the person''s country of origin. Also, remember E2 does not produce a Green Card; however, it gives you a visa to stay in the USA. The staying visa has to be renewed every 2-3 years.
If the investment amount is big enough and the business could generate 2 investors worth of jobs (20), then do another EB-5 investment for the Son as he needs his own immigrant petition for being 23 years old. The father could do a family petition F2B, but the visa numbers are stuck in 2005.
There are several options that may be available depending on the Son''s education and experience among other things. Please consult with an Immigration Attorney who can walk you through the options based on a review of the father''s business and the son''s education and experience.
Try a regular investor non-immigrant visa such as E1 or E2 as a treaty trader or treaty investor. Unfortunately he cannot immigrate to the U.S. with the rest of the family.
