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Question:

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How can the spouse of an H-1B/F-1 holder invest in EB-5? I am in the country as a dependent of a H-1/F-1 visa holder, and I want to invest directly to establish a business and obtain a visa under the EB-5 program. The H-1/F-1 holder should in turn be able to adjust his status to become the spouse's dependent under the EB5 program. How can I make this work? What steps do I need to take?

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Answers:

June 13, 2014 14:50 Sal Picataggio

It appears you have the right idea. Adjustment from a valid US non-immigrant status through an I-526 approval is possible. Retaining qualified US immigration counsel will help you with the process.

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June 13, 2014 15:42 Ed Beshara

While you and your spouse are maintaining either F-1 or H1B status you can file your I-526 petition, obtain approval,and then file your application for conditional permanent resident while you are in the U.S

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