Mitch Wexler is an EB-5 immigration attorney. He is a partner at Fragomen, Del Rey, Bernsen & Loewy, LLP, located in Irvine, Calif. Wexler oversees the Southern California region for Fragomen, consisting of offices in Los Angeles, Irvine and San Diego.
In addition to his private client practice, Wexler works with start-up, mid-sized and large multinational companies. His clientele comes from a diverse range of industry sectors, including entertainment, construction, technology, pharmaceutical and manufacturing. Previously, he was a member of the firm’s national executive committee for 12 years. In addition to his work with the firm, he also teaches an annual immigration law module, including EB-5, at the University of California, Irvine Law School.
Wexler has accumulated a vast amount of experience in immigration while working at the firm. He is able to skillfully assist families, individuals and EB-5 investors in their U.S. immigration needs. He is responsible for managing teams that oversee corporate clients’ immigration programs. He also counsels clients on immigration-related due diligence in connection with corporate restructurings and mergers and acquisitions transactions. Wexler also advises management and employees on the immigration consequences of personnel actions, including hiring freezes, reductions in force, mandatory leaves of absence, etc. He also has experience drafting and reviewing customized immigration policies as part of a broader mobility program.
Wexler is active in the immigration community and holds membership to a variety of organizations. He is a long-time member of the American Immigration Lawyers Association and was the Southern California chapter chair from 1999 to 2000. In addition, he is also a member of the Los Angeles County Bar Association, Orange County Bar Association, Riverside County Bar Association, San Bernardino Bar Association, TechAmerica and the British American Business Council.
Wexler received his Juris Doctor from the Southwestern University School of Law in 1985. Prior to this, he received his bachelor’s degree from Hofstra University in 1982.
Wexler is also a prolific writer in the immigration law community and has published over 200 articles on various topics relating to U.S. immigration. He has been published in Lawyer magazine, The PERM Book, and is the annual editor of the State Bar of California’s CEB Advising California Employers and Employees treatise. He also regularly speaks at universities and law schools regarding immigration law.
In addition to his diverse work experience, Wexler has also received a number of awards and recognitions, including being a winner of EB5 Investors Magazine’s Top 25 Immigration Attorneys award multiple times. He has been certified as a specialist in immigration and nationality law by the State Bar of California, Board of Legal Specialization. He was a recipient of the UC Irvine Law School first annual Pro Bono Community Advocate Award for his work done with students involved with IRAP (Iraqi Refugee Assistance Program). He has also been recognized as one of the Top 50 Lawyers in Orange County, among the Best Lawyers in America, Super Lawyers, and a Preeminent Immigration Lawyer by Chambers several times.
Answers to EB-5 175 Questions Answered
- Is the EB-5 loan good to build my credit history in the U.S.?
- Would Trump change the E-2 visa treaty countries?
- What information is mandatory for EB-5 investors?
- Is it best to work with a migration agency first or an attorney?
- How long to add the new wife of an EB-5 investor to the green card process?
- When can I expect an answer if I filed for EB-5 in November 2019?
- How long does it take to adjust status through EB-5 from inside the U.S. for a family on different visas?
- How can I proceed with our EB-5 consular interview while my dependents are in the United States on an F-1 visa?
- How does the EB-5 program provide a green card pathway for undocumented US residents?
- How does investor presence work while an EB-5 visa is being processed?
- How can I bring my spouse to the USA while my EB-5 I-526 is pending?
- How can I change the name of my child after having submitted an EB-5 green card petition for my spouse?
- What is considered my nationality by USCIS for EB-5 purposes?
- How can an EB-5 conditional green card holder with a pending I-829 get their investment back?
- How can an Indian EB-5 investor identify their category according to the visa bulletin priority date?
- What does the EB-5 timeline look like after the I-526 has been approved?
- Who handles an EB-5 case after an RFE has been answered?
- How would my EB-5 process be affected by my frequent travels outside the U.S.?
- How can I file for my EB-5 adjustment of status by myself?
- How long does it usually take for an approved EB-5 applicant to receive their travel document and work permit?
- How will the withdrawal of my EB-5 funds from the RC affect my I-829 processing?
- If the principal EB-5 investor with a pending I-829 does not stay permanently in the U.S., how does that affect their case approval?
- How can EB-5 funds be raised from a U.S. bank?
- What should I do if my expired EB-5 conditional green card is stolen?
- How can I maintain my conditional green card as an EB-5 dependent while studying abroad?
- How should I apply for a U.S. visa with an approved I-140 for NIW?
- What happens to my EB-5 funds if I do not submit an RFE response for I-526?
- How can I convert from E-2 to EB-5 using the same business?
- How can I qualify for an EB-5 visa if my only eligible asset is my existing company?
- How does a lawsuit against my immigration attorney affect my EB-5 I-829 process?
- How can an approved EB-5 investor schedule the filing of a re-entry permit and removal of conditions while living outside the US?
- How can I start a business on an EB-5 EAD?
- With a pending EB-5 I-485, a valid F-1 visa and AP, which one should I use while reentering the U.S.?
- When should I file for my spouse, whom I married recently, if I have a pending EB-5 I-485?
- How does concurrent filing for EB-5 impact the EAD timeframe for Indian nationals?
- How can an EB-5 investor apply through another country that is not their place of birth?
- What documents do I need in order to show the sale of my house as the main source of my EB-5 funds?
- What should I do when my B-2 expires with pending I-130 and EB-5 I-485s?
- If I have to choose between an EB-5 visa and the I-130 pathway, which one is more advisable?
- How can apply for an EB-5 visa without having to liquify my holdings?
- How can a business partnership with a US citizen help with an EB-5 visa application?
- How can I work for a foreign company remotely from the US to switch to L-1 after my EB-5 project failure?
- How can I combine EB-5 and H-1B?
- As an EB-5 investor with a pending I-526, what are my chances of successfully obtaining an E-2 visa?
- How can I invest in the EB-5 visa with borrowed money?
- How can I change my status from L-1 to EB-5?
- Is an EB-5 investment an asset, or just a possible future asset for calculation of estate during a divorce?
- How can an EB-5 investor expedite their advance parole/travel permit after concurrent filing?
- When is it wise for an EB-5 investor to file a writ of mandamus?
- What are the options for my future spouse to benefit from my conditional EB-5 green card?
- How can I apply for an E-2 visa while in the U.S. on a B2 tourist visa?
- How is an EB-5 conditional green card different from a permanent green card?
- How will marrying a U.S. citizen affect my conditional EB-5 status?
- How should I file my EB-5 application to protect my Chinese spouse from long wait times?
- How and when can I file my I-485 if I am currently in the U.S. with a pending EB-5 I-526?
- What should I do with my EB-5 I-526 pending for 3 years?
- After I-526 approval, can EB-5 dependents file their I-485s without the principal applicant?
- How would a past EB-5 I-829 I withdrew affect my upcoming citizenship by naturalization?
- How can I file a writ of mandamus for my EB-5 I-526 that was filed three years ago?
- At what stage can an EB-5 investor enter the U.S. without having to apply for another visa?
- Can I travel on an H-1B visa with an approved I-526 petition?
- How could the new price tag of EB-5 impact previous investors?
- What are the minimum investment requirements for using a troubled business for EB-5?
- What is the receipt date of my I-485 if the first application got denied?
- Is escrow for the investment a USCIS requirement for EB-5?
- Does the petitioner count toward the job-creation requirement?
- Should I apply to renew my F-1 visa or should my parents submit an I-130 petition for me?
- What are the negative impacts on an investor who withdraws an approved I-526 petition?
- What happens if my EB-5 case gets into the visa retrogression?
- Can I change the country of chargeability of my EB-5 case while the I-526 is pending?
- Should I choose to change status or apply for an EB-5 visa on my I-526 form?
- How can we apply for EB-5 if we have stakes in a foreign company that will acquire a U.S. company?
- What are the current wait times for Australians?
- What options do we have for our 20-year-old daughter when retrogression hits India investors in July?
- Can an OPT student travel outside U.S. with a pending I-130 application?
- When is the eligibility of dependent children determined in EB-5 cases?
- Can I make an EB-5 investment through a holding company?
- Should I apply for an L-1 visa if I have a pending I-829?
- Does an investment fund qualify as an EB-5 direct investment business?
- How can YouTubers prove the source of funds for EB-5?
- Is it possible to transfer the EB-2 priority date to my EB-5 application?
- How should I start the application for U.S. citizenship?
- Can I travel outside the U.S. with my student visa while my I-485 is pending?
- Which type of visa should I apply for to enter the U.S. to conduct due diligence on the regional center projects that I am interested in?
- Is it a good idea to add children who are almost 21 years old to an EB-5 application?
- How could a pending EB-5 application impact my TN status?
- How are EB-5 investors notified when their I-526 applications are approved?
- Will my children who were born in mainland China be subject to the EB-5 retrogression?
- What type of attorneys should we look for if things go wrong with my EB-5 case?
- Why are two I-526 cases adjudicated differently for applications filed at the same time?
- What happens to an EB-5 dependent who turns 21 years old during consulate processing?
- When can I receive I-526 receipt?
- What will happen to an EB-5 dependent if she has already aged out when submitting the I-485?
- Should I inform USCIS if the EB-5 project I invest in receives an exemplar approval after I file I-526?
- Do I have to stay in the U.S. if I participate in EB-5 for my son?
- How can a group of investors set up a branch in the U.S. and apply for EB-5?
- How can I enter the U.S. with an expired green card and a pending naturalization case?
- What is the process of receiving a green card for an EB-5 investor currently living outside the U.S.?
- What should my student status be if I have a pending EB-5 I-485 case?
- Who are eligible to adjust status in the U.S. for the EB-5 program?
- From where are police clearances required for EB-5?
- Could my child from India age out before our EB-5 application gets approved?
- How can we transfer from H-1B to EB-5?
- Can a U.S. tourist visa holder apply for EB-5?
- What happens to the EB-5 investment amount after the I-526 approval and during the wait time for I-485?
- What is the priority date of an EB-5 I-485 application?
- How can I apply for a re-entry permit with an immigrant visa?
- Are Hong Kong applicants subject to an EB-5 backlog?
- Has the EB-5 regional center program been reauthorized or not?
- When can an EB-5 investor sell his share in a direct investment without impacting his green card?
- How can I gift money to my daughter for her EB-5 application as a conditional green card holder?
- How can I apply for EB-5 after entering the U.S. with an E-2 visa as a new Grenadian citizen?
- Is it a good idea to file an I-526 if I cannot invest in full at the time of filing?
- Will my visa denial history impact my ability of getting an EB-5 visa?
- How many years do I have to keep continuous residency in the U.S. to apply for citizenship?
- How can I adjust my status as an EB-5 dependent?
- Should I transfer to I-485 EAD when I hold a valid H-1B visa?
- What is the process to change the filing name from my dad to me?
- How long does it take USCIS to issue advance parole?
- How long is my I-526 approval valid?
- How can EB-5 investor get his investment back at the I-829 stage?
- Can I use domestic money to fund EB-5?
- How can credit cards be used toward EB-5 as a legitimate source of funding?
- What happens if my child ages out before my EB-5 application gets approved?
- How can I apply for EB-5 before Sept. 30?
- What is the processing timeline for expedited I-526?
- How long does it take to transfer from E-2 to EB-5?
- What is the current processing time for I-526?
- How could EB-5 investments be done by a group of three to four investors?
- What happens if the investment loan matures before the I-829 adjudication?
- Do I need to pay U.S. taxes while on a conditional green card?
- How can EB-5 investors apply for U.S. residency for their parents?
- How can I apply for EB-1 after my EB-5-based conditional green card is approved?
- How can “visiting the EB-5 project” be an approved reason for applying for a visitor visa?
- How can I file EB-5 on a visitor visa?
- How does a denied EB-5 case impact my future applications?
- How can an H4-EAD holder invest in a direct EB-5 project?
- How will switching jobs under H-1B impact my EB-5 application?
- How can a H-1B visa holder apply for direct EB-5 investment?
- What is the average EB-5 preparation time frame?
- When do I get refund if my I-526 is rejected?
- What fees should be taken into consideration when preparing for an EB-5 petition?
- What are the differences between an advance parole and a reentry permit?
- What is the difference between the issuance date of EB-5 visa and the residency starting date on the green card?
- How will two pending immigration petition impact applicants?
- When is the best time to use cross-changeability to avoid backlog?
- How do I answer questions about my U.S. residence status?
- What is USCIS”s view towards legal medical/recreational marijuana-related EB-5 projects?
- How do I use gifted money as EB-5 capital?
- How can I apply for EB-5 if I overstayed my F-1 visa?
- How does the EB-5 Program view 401k as a source of funds?
- How can I successfully apply for EB-5 when I am currently living in the United States, but out of status?
- How long does the I-485 take to be approved?
- How can an equity investment qualify as an EB-5 investment?
- How do I withdraw my I-526 petition and investment funds so I can pursue EB1A?
- How does an F-1 student visa holder file for their EB-5 immigrant visa once the I-526 is approved?
- How will two part-time jobs created by my EB-5 investment be counted?
- When does the “5-year path to citizenship” in the EB-5 Program start?
- How do I provide documentation for a bitcoin-based EB-5 investment?
- What is the difference between the L-1 and EB-5 programs?
- What are the work/residency restrictions for conditional green card holders?
- How does the process of switching from a U.S. H-1B visa to an EB-5 visa work?
- How detailed must I be when documenting source of funds and income?
- What problems may occur if I withdraw from the EB-5 Immigrant Investment Program now but wish to reapply in the future?
- Can I use a bank loan for my EB-5 investment?
- What are the EB-5 visa residency requirements for international students?
- How long does the EB-5 process usually take?
- How can I stay in the U.S. legally while my EB-5 application is processing?
- What are the restrictions on using ESTA visas during EB-5 processing?
- How can an investor check on the status of their project during the EB-5 process?
- What are the residence restrictions at the beginning of the EB-5 process?
- How do F-1 students transfer to an EB-5 visa status?
- What are the most common immigration investment visas in the United States aside from EB-5?
- If an EB-5 applicant is going to marry a U.S. citizen, is it better to stop the EB-5 process or keep it going?
- How can I manage my business while also applying for the EB-5 Program?
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