EB-5 Investor: Visa Changes in Business Plans


US immigration is a very broad topic. While travel documents and authorization papers are also covered by immigration law, queries on these are not as common as those related to the green card process. Most immigration lawyers handle the processing of visas, permanent residency, and eventual citizenship of an individual with foreign nationality.

Applying for a green card (which makes a foreign national a lawful permanent resident) is seldom easy. An immigrant who qualifies to get a green card goes through a tedious application process. An experienced immigration attorney will ensure that paperwork and supporting documents related to the green card process are accomplished correctly.

  • Green Cards and Your Residency Status

A permanent resident card, commonly called a green card, signifies one’s permanent resident status. New immigrants often aim to be a green card holder as soon as possible, since there are certain benefits that a legal permanent resident can enjoy. Obtaining a green card can be done in several ways.

  • Getting a Green Card through EB-5

EB-5 InvestorUnder the EB-5 program, an investor (and his or her spouse and unmarried children below 21) can apply for permanent residence and get a green card if they:

1) Invest in a commercial enterprise in the United States; and

2) Plan to create at least ten permanent full-time jobs for qualified US workers.

  • Changing Your Business Plan after Qualifying for EB-5

It is unlikely that a petitioner will be able to substantially make changes to the business plan related to the commercial enterprise he will invest in. This is especially true if Form I-526 (necessary for the eventual adjustment of status or consular processing) has already been filed with the USCIS office.

USCIS Form I-526 serves as grounds for the approval of Form I-829. As such, no substantial changes to the plan can be made. The only option is to file another Form I-526 reflecting the changes, which could lead to the following scenarios:

1) If the new USCIS Form I-526 was petitioned before the investor is given an immigrant visa or adjusted his immigration status, such will serve as grounds for the approval of Form I-829.

2) If the new Form I-526 was petitioned after visa issuance or adjustment of status but before the end date in Form I-829, the investor may file Form I-407 together with Form I-485. USCIS will then end the previous conditional permanent resident status of the investor. If the new Form I-485 will be accepted, a new two-year conditional permanent residency will be granted.

3). If the new form was petitioned after all the above, the investor may request that the initial Form I-829 be withdrawn and petition a new application for adjustment of status. If the latter is approved, a new two-year conditional permanent residency will be granted and the new Form I-526 will be grounds for the approval of Form I-829.

Before you apply for a green card, consult with a lawyer knowledgeable on the immigration process. Our team specializes in immigration laws and immigration services, and we can surely assist you with your application for an immigrant visa and a permanent residence card.

Make your visa application and green card application less stressful. Call us at AmLaw Group for a consultation.

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