A Olusanjo Omoniyi
Immigration Attorney
Answered on
Form I-864 is not required for an EB-5 petition.
When do EB-5 investors need to file Form I-864?
While sending civil documents to NVC for processing for my EB-5 immigrant visa case, am I required to send/file Form I-864 Affidavit of Support for myself or my dependents? Is it required for EB-5 petitioners?
Answers
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Barbara Suri
Immigration AttorneyAnswered onFor my employment-based derivatives, I include the Form I-134 in the application package.
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Marisa Casablanca
Immigration AttorneyAnswered onThe instructions in the form state who is supposed to file an I-864. If you have invested in a regional center, you do not need to file an I-864 for your family who intends to immigrate with you.
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Jinhee Wilde
Immigration AttorneyAnswered onI-864 is not required for EB-5 cases.
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Julia Roussinova
Immigration AttorneyAnswered onEB-5 investors and derivatives are exempt from I-864 requirement.
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Bernard P Wolfsdorf
Immigration AttorneyAnswered onThe only time an employment-based preference immigrant needs to have an I-864 is in cases when a U.S. citizen, lawful permanent resident, or U.S. national relative filed the immigrant visa petition or such relative has a significant ownership interest (five percent or more) in the entity that filed the petition. Since in EB-5 it is the investor that files the petition, I do not see the I-864 being required in any EB-5 case.
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Salvatore Picataggio
Immigration AttorneyAnswered onGenerally, that form is not needed for EB-5 investors.
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Charles Foster
Immigration AttorneyAnswered onEB-5 investors do not need to file an Affidavit of Support for themselves. Given the fact that this is not a family based sponsorship, your EB-5 investment in and of itself and the approval of the I-526 petition would be sufficient to show that you are not likely to be a public charge.
