Traveling as an EB-5 Investor: Your Questions Answered

As an EB-5 investor, you may have questions about traveling while pursuing the EB-5 program. In this Q&A blog post, we will address common inquiries and provide guidance based on insights from Nima Korpivaara, Partner at KLD LLP Attorneys, and Greg Sheehan, Director of EB-5 Investor Platform and USCIS Compliance at Behring Co.

Q: Can I travel while my EB-5 petition is pending?

A: Yes, you can generally travel while your EB-5 petition is pending. However, it is crucial to consult with your attorney before making any travel plans to ensure a smooth application process.

Q: Are there any travel restrictions or limitations for EB-5 investors during the application process?

A: Fortunately, there are no specific travel restrictions or limitations for EB-5 investors during the application process. However, it is important to notify your attorney about your travel plans and provide them with the necessary documentation to avoid potential complications.

Q: Once I obtain conditional permanent residency through the EB-5 program, am I free to travel in and out of the United States?

A: Yes, obtaining conditional permanent residency through the EB-5 program grants you the freedom to travel in and out of the United States using your green card. This allows you to maintain connections with your home country and explore the world while enjoying the benefits of residency in the United States.

Q: What obligations do I have during the conditional residency period?

A: During the two-year conditional residency period, it is important to fulfill specific obligations. Avoid spending more than six months outside the United States in a single trip and ensure that your total time spent outside the country does not exceed one year during this period. By adhering to these requirements, you can maintain your eligibility for permanent residency.

Q: What documents should I carry when traveling as an EB-5 investor?

A: It is important to carry essential documents, such as your valid green card (Form I-551) or conditional green card (if applicable). Additionally, consider having supporting documents related to your investment and immigration status, such as your I-829 receipt notice or approval notice.

Q: What about your visa? Before getting the approval, what documents should you carry when traveling as an EB-5 investor?

A: Before receiving approval for your EB-5 petition, you should continue to carry the necessary documents related to your current visa status when traveling. This ensures that you comply with the requirements of your existing visa. For example:

1. H1B Visa: If you are currently on an H1B visa, you should carry your valid H1B visa stamp and the corresponding approval notice (Form I-797) when traveling. These documents demonstrate your authorized stay and employment in the United States.
2. L1 Visa: If you hold an L1 visa, carry your valid L1 visa stamp, the corresponding approval notice, and any other documents that support your employment and status in the United States.
3. F1 Visa: For F1 visa holders who are international students, carry your valid F1 visa stamp, I-20 form, and other relevant documents related to your academic program and authorized stay in the United States.
4. B1/B2 Visa: If you are on a B1/B2 visitor visa, carry your valid B1/B2 visa stamp and any supporting documents that demonstrate the temporary nature of your visit, such as return flight tickets or a detailed itinerary.

Q: Are there any specific visa requirements or considerations for travel as an EB-5 investor?

A: While using your green card is typically the primary travel document, it is advisable to consult with your attorney regarding any specific visa requirements or considerations based on your individual circumstances. They can provide personalized guidance and ensure you have the necessary documentation for smooth travel experiences.

Q: Can I travel internationally during the conditional residency period?

A: Yes, you are allowed to travel internationally during the two-year conditional residency period. However, it is crucial to maintain the required physical presence in the United States and demonstrate your intention to establish the country as your primary residence.

Q: How can extended travel impact my EB-5 application or permanent residency status?

A: Extended or frequent absences from the United States may raise concerns about your residency obligations and potentially jeopardize your EB-5 application or permanent residency status. It is important to maintain the required physical presence and demonstrate your commitment to establishing a permanent residence in the United States.

Form I-526:

• Can I travel outside the United States while my Form I-526 is pending? Answer: Yes, you can travel outside the United States while your Form I-526 is pending. However, it is important to ensure that you have the necessary travel documents, such as a valid passport and a valid nonimmigrant visa, if applicable, to re-enter the United States.
• What happens if I need to travel while my Form I-526 is pending? Answer: Traveling while your Form I-526 is pending does not automatically impact the processing of your petition. However, it is recommended to maintain regular communication with your immigration attorney and inform them about your travel plans.
• Do I need to inform USCIS if I plan to travel while my Form I-526 is pending? Answer: There is no specific requirement to inform USCIS about your travel plans while your Form I-526 is pending. However, it is advisable to keep a record of your travel dates and maintain copies of your travel documents.
• What documents do I need to carry while traveling with a pending Form I-526? Answer: While traveling with a pending Form I-526, you should carry the standard travel documents, including a valid passport, valid nonimmigrant visa (if applicable), and any other identification documents required by the country you are traveling to.

Form I-829:

• Can I travel outside the United States while my Form I-829 is pending? Answer: Yes, you can travel outside the United States while your Form I-829 is pending. However, it is crucial to have the necessary travel documents, such as a valid passport, a valid Permanent Resident Card (green card), and a valid Reentry Permit, if applicable, to re-enter the United States.
• What happens if I need to travel while my Form I-829 is pending? Answer: Traveling while your Form I-829 is pending does not automatically impact the processing of your petition. However, it is advisable to inform your immigration attorney about your travel plans and carry copies of the relevant documents related to your Form I-829 application.
• Do I need to inform USCIS if I plan to travel while my Form I-829 is pending? Answer: There is no specific requirement to inform USCIS about your travel plans while your Form I-829 is pending. However, it is recommended to maintain open communication with your immigration attorney and keep them informed about your travel intentions.
• What documents do I need to carry while traveling with a pending Form I-829? Answer: While traveling with a pending Form I-829, you should carry essential travel documents, including a valid passport, a valid Permanent Resident Card (green card), and any supporting documentation related to your Form I-829 application.

Form I-485:

• Can I travel outside the United States while my Form I-485 is pending? Answer: If you have a pending Form I-485, traveling outside the United States before obtaining an Advance Parole document or a valid immigrant visa may result in the abandonment of your adjustment of status application. It is highly advisable to consult with an immigration attorney before making any travel plans while your Form I-485 is pending.
• What happens if I need to travel while my Form I-485 is pending? Answer: If you have a pending Form I-485, it is generally recommended to avoid international travel unless you have obtained an Advance Parole document, which allows for re-entry to the United States. Otherwise, departing the country without proper authorization may result in the abandonment of your application.

Q: If I need to travel outside of the US as needed as an H1B/F1, can I apply for EB-5?

A: As an H1B/F1 visa holder, you have the option to apply for EB-5 while maintaining your H1B/F1 status. However, it’s important to understand the implications and considerations involved.

According to Nima Korpivaara, Partner at KLD LLP Attorneys, you can travel on your H1B/F1 visa as long as the H1B/F1 visa stamp is valid. The EB-5 concurrent process does not disrupt your status. However, it’s essential to consider the context of different visas, expiration dates, and individual circumstances, especially when spouses and children are involved.

Nima suggests that regardless of the EB-5 program, if you need to travel before the approval of your Advanced Parole document, you may need to make an appointment at the Field Office to seek approval to travel. This is applicable to various visa types, including H1B/F1. Seeking approval from the Field Office can help ensure a smoother travel experience for you and your family.This is applicable to various visa types, such as B, TN, E2, H, K, even if they are expired but expiring after you leave. Seeking approval from the Field Office can help ensure a smoother travel experience for you and your family.

It is important to note that there has been a policy shift in recent years. Previously, leaving the US as a Dual Intent Visa holder would not trigger the abandonment of the Advance Parole request. However, since 2017, USCIS has started denying Advance Parole requests for applicants who leave before the approval of their Advance Parole document. Processing times for Advance Parole have also increased, and in some cases, Nima suggests considering an emergency travel request with the Field Office, as it does not impact the adjudication of the Advance Parole document. These circumstances highlight the necessity of understanding the specifics of your case and seeking appropriate legal advice.

Insights from Greg Sheehan, Director of EB-5 Investor Platform and USCIS Compliance at Behring Co:

“EB-5 is complex, and this question is exactly why I stress the importance of multiple partners. At the most fundamental level, no matter how you feel about returns, protections, and financial opportunities, your immigration attorney is going to be with you and your family for a long time. Likely all the way through your N-400 ceremony.”

Greg emphasizes the significance of having multiple partners throughout the EB-5 journey. He highlights the role of an immigration attorney as a long-term partner who will guide you and your family through the entire process, including the N-400 ceremony, which marks the final step in the naturalization process.

Conclusion:

As an EB-5 investor, it’s essential to understand the considerations and guidelines for traveling throughout the EB-5 program. You can generally travel while your EB-5 petition is pending, but consulting with your attorney is crucial for a smooth application process. Once you obtain conditional permanent residency, you have the freedom to travel using your green card, but it’s important to fulfill your residency obligations. Carrying necessary documents and understanding visa requirements will facilitate your travel experiences.

The insights from Nima Korpivaara and Greg Sheehan highlight the case-specific nature of travel considerations for EB-5 investors. Seeking personalized guidance from an immigration attorney is vital, especially when dealing with different visa types, expiration dates, and family situations. They can provide specific strategies and ensure compliance with travel regulations.

Remember, the EB-5 journey is complex, Behring Co. is here to help you with it and having a team of knowledgeable partners, including immigration attorneys, will help navigate the intricacies of travel and immigration, making your EB-5 investment and immigration journey successful and rewarding.