Charles Kuck is Kuck Baxter LLC’s founder and managing partner, where he oversees the global immigration practice. He assists international immigrant investors, employers, and employees with various immigration matters, including business and professional visas, labor certifications, immigrant visas, consular representation, and citizenship issues.
Additionally, Kuck maintains an active federal court practice focusing on immigration issues and has represented asylum seekers and others in over 700 trials before immigration courts. His EB-5 expertise includes Federal court Litigation and Immigration Court I-829 cases.
His diverse clientele includes technology firms, manufacturers, multinational corporations, individual EB-5 investors and entrepreneurs, families, individual immigrants, and asylum seekers. In 2024, Kuck was recognized as one of the top five most highly regarded corporate immigration lawyers in the world by Who’s Who Legal: Corporate Immigration Lawyers, as well as one of the top five names in immigration by Who’s Who Legal: Thought Leaders. He was also named as one of Georgia’s Legal Elite and a Georgia Super Lawyer in the field of Immigration Law by Atlanta Magazine. Moreover, Kuck is listed in Who’s Who Legal: Corporate Immigration Attorneys, Chambers USA, Chambers Global, and The Best Lawyers in America.
In addition to his legal practice, Kuck hosts immigration podcasts and has authored numerous law review articles and op-eds on various US immigration law subjects. He is a sought-after speaker at legal, industry, business, and civic organizations on a broad range of immigration topics. Notably, Kuck played a pivotal role in stopping a key provision of Georgia’s HB-87 anti-immigration law and fought for the right of DACA recipients to pay in-state tuition to attend Georgia Colleges and Universities.
Kuck’s extensive involvement in the immigration field extends to his leadership roles in professional organizations and non-profit boards. He is a former national president of the American Immigration Lawyers Association (AILA) and a founding member and former president of the Alliance of Business Immigration Lawyers (ABIL). Kuck has also served as the principal immigration attorney and advisor for the Andean Parliament and has testified in Congress on immigration issues.
He is frequently quoted in the press and has appeared on various broadcast stations and written publications, including The New York Times, Washington Post, Los Angeles Times, The New Yorker, The Wall Street Journal, and many others.
Kuck received his BA degree from Brigham Young University in 1986 and his JD degree, cum laude, from Arizona State University Law School in 1989. He is admitted to practice law in Georgia and has been admitted to the Bar of the US Supreme Court, nine Federal Circuit Courts of Appeals, and numerous Federal District Courts. Additionally, Kuck maintains a pro bono practice and has been an adjunct Professor of Law at Emory University and the University of Georgia for the last 25 years.
Answers to EB-5 115 Questions Answered
- How can I add my new spouse to my pending I-485?
- Can an EB-5 investor share in the regional center profit?
- Why is there no database for EB-5 projects?
- Is there a limit to the number of dependents in an EB-5 application?
- How can I stay in the U.S. while my adjustment of status pends?
- Can I have simultaneous petitions for EB-5 and EB-1 visas?
- How can I access EB-5 project documents before investing?
- How can I know if my regional center is reliable?
- How can I extend my B-2 with a pending adjustment of status?
- How can I get my money back if I withdraw my EB-5 investment?
- Are there taxes if they refund the EB-5 money to a U.S. account?
- What happens to children of principal EB-5 applicants who turn 21 while the case is pending?
- When is a reentry permit required for EB-5 investors?
- How can a franchisee meet EB-5 visa requirements?
- When can I return funds gifted for an EB-5 investment?
- When does the two year conditional residence start?
- When can I file an EB-5 application if I overstayed my visa?
- How extensive is the EB-5 visa background check?
- How should EB-5 funds be gifted to avoid source of fund issues?
- How can my son get his EB-5 conditional green card before me?
- When must I have the EB-5 funds ready in my bank account?
- How can the EB-5 investor control the financial result of his investment?
- What are the salary requirements for EB-5 employees?
- How will an EB-5 petition affect a filed family petition?
- How can an illegal immigrant in Canada apply for an EB-5 visa?
- How will I know if my attorney has filed my EB-5 application?
- What is the difference between an indirect and a direct EB-5 job?
- When must a direct investor have an EB-5 business plan?
- How can a E-2 investor eventually apply for EB-5?
- How many investments are acceptable for EB-5?
- Which countries are restricted from the EB-5 visa?
- When will the minimum EB-5 investment amount change?
- Who is required to create the 10 EB-5 jobs?
- How will an EB-5 application affect CPT, OPT, and H-1B?
- How do I do due diligence on EB-5 regional center projects?
- How can a conditional permanent resident apply for citizenship?
- When can I get my EB-5 investment back?
- How will a delay in I-485 processing impact the I-829?
- How much of the business must the EB-5 investor own?
- What is the next step after EB-5 petition denial?
- How will an EB-5 visa help dependents who have overstayed?
- How many other EB-5 investors will be in a regional center project?
- How does a direct EB-5 investor get a TEA certified?
- What happens if I make two EB-5 investments?
- When can I add my husband to my EB-5 application?
- Why would our attorney not advise us to apply for EB-5?
- How would denial of a tourist visa renewal affect an EB-5 petition?
- What may disqualify a visa holder from applying for EB-5?
- How can we advance an EB-5 case affected by the 1998 AAO decisions?
- How can a same-sex partner also get an EB-5 visa?
- How can an EB-5 applicant on an expired OPT extension stay in the U.S.?
- When does an EB-5 permanent green card expire?
- What are the consequences of an EB-5 investor submitting false info?
- How will previously living illegally in the United States affect my EB-5 visa eligibility?
- How will the EB-5 visa cut-off for China affect I-526 processing?
- How big can a regional center be?
- How will a prior denial affect I-526 processing?
- How can I loan my son money for EB-5?
- How much will the EB-5 program cost?
- What restrictions are there for the origin of EB-5 funds?
- How much money should I have in escrow?
- Will the minimum amount for EB-5 ever be increased?
- How do drug charges affect EB-5 eligibility?
- What is the standard for loan repayment?
- How does deportation history affect EB-5?
- Do I already need to have 10 employees at the time of initial investment?
- How can I apply for EB-5 if I”ve been rejected for other visas?
- How does a child born during the EB5 process get a green card?
- Does the entire investment need to be made at the time of filing?
- Does the applicant need to physically live in the United States for the entire EB-5 process?
- How do I choose an immigration lawyer?
- How can Canadians navigate EB-5?
- Do I have to live in the United States permanently?
- How long before I can move to USA?
- What tuition will my child pay as an EB-5 dependent?
- How can I transition from EB2 to EB5?
- How can I apply for EB-5 while on OPT?
- What is needed to show EB-5 job creation?
- What are the qualities of a good Regional Center?
- Why do companies choose certain attorneys for EB-5 investors?
- How is the EB-5 investor affected if the required jobs are not created?
- How can I apply for EB-5 visa if I have an F-1 student visa?
- How can I get an EB-5 visa if I have a B1/B2 visa?
- Can my company make a qualified EB-5 investment?
- Can an illegal immigrant qualify for an EB-5 visa?
- Can I maintain my green card petition after a failed EB-5 project?
- Would an EB-5 visa be a good option?
- How do I know whether or not an EB-5 project is part of a Regional Center?
- Can people from any country get an EB-5 visa?
- Is there a limit on the number of projects an EB-5 Regional Center can have?
- How can I determine if my EB-5 project will qualify for TEA designation?
- When can I move to the United States in the EB-5 visa process?
- Can an EB-5 investor be employed for compensation at the business they invest in?
- How do I know which EB-5 Regional Centers have approved I-829s?
- Will I have to pay taxes if I am an investor in the EB-5 visa program?
- Is an equity or debt investment better for the EB-5 visa program?
- Does the government provide financing options for EB-5 visa applicants?
- How can you prove source of funds for gifts in the EB-5 program?
- Can my wife and I used combined funds for the EB-5 Visa Program?
- What documents are used for the trace of funds in the EB-5 Program?
- Do you have to live near the EB-5 Regional Center that you invest in?
- Do I have to be an accredited investor to qualify for an EB-5 Visa?
- Which family members can qualify for an EB-5 immigrant investor visa?
- Can I stay in the U.S. while going through the EB-5 program?
- What are the EB-5 visa investment requirements?
- What is an EB-5 project?
- What is the difference between U.S. citizenship and permanent residency?
- How long does it take to get a green card from the EB-5 program?
- How do I know which EB-5 Regional Center I can invest in?
- How do I start the EB-5 Program application?
- Is it legal for EB-5 Regional Centers to list their projects online?
- Can EB-5 investments purchase securities of a Non-Traded REIT?
- How can you qualify as an EB-5 investor?
- Would the sale of existing commercial property qualify for the EB-5 Program?
- How are brokers and consultants involved in the EB-5 process?