EB5 and then TN

[kaca]

If a person tries to get Green card in EB5 category, the investor and their dependents will be granted conditional permanent residence valid for two years. Within the 90-day period before the conditional permanent residence expires, the investor must submit evidence documenting that the full required investment has been made and that 10 jobs have been maintained, or 10 jobs have been created or will be created within a reasonable time period.

My question is if one tries for Green card in EB5 category and if something does not go well and the conditional PR expires with out the possibility of removing the condition would the person be able to apply for TN again? At that time would the previous EB5 application imply the Immigrant Intent. Would the person be never able to get TN after that?

 

[OttawaSenators]

Interesting scenario! Usually in order to be able to come back to the US (under any non-immigrant category) after showing immigrant intent, one needs to re-establish pretty strong ties in Canada. Rule of thumb: it is recommended not to try to go back for a couple of years after showing immigrant intent.