H1B to EB5-Visa Alternative for Indian Nationals is a fast track to permanent residence and the December 7th, 2018 Deadline

by Harry Tapias | October 12, 2018 | visa, eb5 visa | 0 Comments

News Update:

Apply before the December 7th, 2018 Deadline

President Trump’s executive order “Buy American and Hire American” has made it more difficult for H1B candidates and H1B recipients to receive or maintain this coveted visa.  Specifically, H1B renewal petitions are no longer given deference and are being reviewed like brand new petitions. H1B denials are at all-time high. Further, Indian national H1B recipients whose employers filed an I-140 Immigrant Petition for Alien Worker in the EB-2 or 3 categories for Permanent Residence, can expect to wait at least 12-15 years before receiving a green card. During this time, they cannot change employers or even be promoted. Every three years these candidates must renew their H1Bs and be in fear that H1B policies will be changed. Further, the Trump administration plans to end work permits for H-4 spouses. This would eliminate the possibility for the spouses of H1B recipients to work in the United States.

The Solution: EB5 Investor Program – Fast Track to a Green Card

In contrast, the EB5 visa program provides entrepreneurs, their spouses and unmarried children under 21, a fast track to a green card (permanent residence). EB5 recipients can expect to receive conditional permanent residence usually obtained as early as 24 months and do not require employer sponsorship to apply.

 EB5 Requirements:

  • Investment amount usually $500,000, typically in a Regional Center Project; and
  • Project must create at least 10 jobs per investor.

 Advantages of EB-5:

  • No employer sponsorship required;
  • Currently no quota backlog for Indian nationals;
  • Very high approval rate;
  • Investment money returned with some return on investment;
  • No restriction on changing jobs or promotions during EB-5 pendency;
  • No geographic restrictions of where to live and work; and
  • No requirement to manage or be employed by the project.

 About December 7th Deadline:

The EB5 program has been extend by President Trump until December 7th 2018. This is the deadline for applying under the existing $500,000 minimum investment requirement to obtain a Green Card. After that date the EB5 minimum may increase to $800,000 or more. Now is time to make the H1B to EB5 leap before EB5 becomes too expensive to obtain.

Please contact LOIGICA attorneys to guide you on how to apply for this program before the deadline.

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