EB5 Investors Magazine Volume 7, Issue 1 - Page 65

EB5INVESTORS.COM 63 A lexander P erez is an attorney with Foster LLP, a full- service immigration law firm headquartered in Houston, Texas. Perez focuses on business immigration matters, particularly those related to EB-5 investments. Perez represents foreign nationals in the preparation and filing of immigrant investor petitions and advises clients regarding their lawful source of investment funds. He advises regional centers and project developers on setting up and structuring their EB-5 projects. Perez also represents clients with other non-immigrant visas. Perez earned his J.D. from Vanderbilt University and his B.A. in economics from Rice University. Y iting "D ora " H u INABILITY TO ENTER THE U.S. WITHIN VISA VALIDITY PERIOD If possible, the EB-5 investor should make the initial entry to the United States while the immigrant visa is valid. However, should you not be able to, it does not invalidate your EB-5 application. Legally and subject to limitation, the visa applicant is still able to rely on the approved Form I-526 petition and request another immigrant visa to be issued. Note that it will be treated as a new consular application, where one should expect to pay the fees and go through NVC application again before being scheduled for an immigrant visa interview. Consular processing is a rigorous process focused primarily on the admissibility of the EB-5 investor and his or her family. It is also a process that should have a predictable result. If the EB-5 investor is working with an experienced immigration counsel who provides the proper vetting and support, then the EB-5 investor and dependents will most likely be successful. is an attorney at Foster LLP in the Houston office. She works primarily on employment-based business and investment immigration matters, including EB-5 regional center and investor work. Hu received her LL.B. in international economic law from the University of Business and International Economics in Beijing, China, and an LL.M. in comparative law from the University of Florida Levin College of Law in 2004. She graduated with a J.D. from the University of Houston Law Center and is licensed in the state of New York. Sources 1 See 22 C.F.R. § 42.62. 2 Inadmissible aliens are defined in 8 U.S.C. § 1182. 3 A review of all grounds of inadmissibility and any available waivers is beyond the scope of this article.  4 See https://www.dhs.gov/blue-campaign/collaboration. 5 See also https://www.uscis.gov/sites/default/files/USCIS/Resources/Reports/ MOU_5.11.2018.pdf. 6 Currently, the nations included in the travel ban are Chad, Iran, Libya, North Korea, Syria, Venezuela, and Yemen. See https://www.whitehouse.gov/ presidential-actions/presidential-proclamation-enhancing-vetting-capabilities- processes-detecting-attempted-entry-united-states-terrorists-public-safety- threats/. 7 See § 3(c) (https://www.whitehouse.gov/presidential-actions/presidential- proclamation-enhancing-vetting-capabilities-processes-detecting-attempted- entry-united-states-terrorists-public-safety-threats/). 8 The USCIS Immigrant Fee may be paid online at: https://my.uscis.gov/uscis- immigrant-fee/.