Question:
What if my EB-5 investment fails after two years? What if my EB-5 investment fails after the two years? I am planning to do EB-5 by myself; my husband is a PhD student at one of the top universities. My question is, can I get my conditional green card, while my husband maintains his F-1 status, if my investment fails (and I can't file the I-829 two years later)? My husband can go through EB-1 to get a green card. Would it be better if I followed my husband with his green card application process, or his H-1B, and then apply for H-4 without leaving the United States?
Answers:
Lots of parts to your question, which would really need a full consultation to go through, but we can provide some brief answers here. First, you can go through the EB-5 process completely separately from your husband. You can name him as a dependent, but he does not have to obtain his green card at the same time as you. If your investment fails and the jobs are not created, you will not be able to remove the conditions on the green card. You would have to consider the timelines of both you and your husband to arrange the EB-1, H-1B and H-4, which we could assist you with.
It would be less expensive to pursue the EB-1 process compared to the EB-5 process. Please remember the EB-5 personal investment has to be at risk, therefore if the business fails you may loose the personal investment. There is also the risk that the EB-1 may not be approved, therefore the hiring of an experienced EB-1 attorney is essential.