Managing Partner of EB5AN, a national EB-5 visa firm with over 2,300 foreign investors from 60 countries, highlights a potential issue that may impact an EB-5 applicant’s U.S. permanent residency application – filing at the wrong time. As an experienced immigration attorney, he aims to clarify complex legal concepts for potential investors in the EB-5 program, such as immigrant intent and the “90-day rule.”
Immigrant intent is the intention of an individual to permanently reside in the U.S., which could affect non-immigrant visa applications. Dual-intent visas, such as L-1 and H-1B, allow holders to apply for permanent residency without issue. However, holders of single-intent visas, like B-2 and F-1, may face challenges if their intent changes after entering the U.S. and applying for permanent residency.
The “90-day rule,” introduced by the Department of State in 2017, assesses an individual’s intent regarding immigration matters based on their actions within 90 days of applying or entering the U.S. While the DOS continues to follow this rule, USCIS removed references to it in its policy manual in 2021. This discrepancy highlights the importance of consulting with an immigration attorney before applying for permanent residency, especially for EB-5 investors.
Under the 90-day rule, visa applicants must prove their intent behind entering the U.S., and future EB-5 investors entering on visitor visas may need to show proof of severing ties with their home country to demonstrate their plan to return after their initial visit. Seeking guidance from immigration lawyers and experienced EB-5 professionals throughout the application process is essential to avoid potential pitfalls and increase the chances of success.
Understanding the rules around applying for U.S. permanent residency is crucial for EB-5 investors to avoid visa application denials or other complications. Seeking advice from legal professionals can help applicants navigate risks and enhance their likelihood of a successful application. It’s important to remember that the information provided does not constitute legal advice, and individuals should consult with an attorney for guidance on their specific situation.
