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How can I apply for EB-5 while applying for EB2?

I’m Chinese citizen currently living in the United States. I’m employed by a big tech company and my employer sponsors my H1B visa and EB2 application. Since EB2 usually takes longer than EB-5 for Chinese citizens, I’m wondering if I can still apply for the EB-5 visa along with my EB2 application and have them both pending at the same time.

Answers

  • Avatar

    Reza Rahbaran

    Immigration Attorney
    Answered on

    Yes, you may have both the EB-2 and the EB-5 pending without one affecting the other.

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    Jeffrey E Campion

    Immigration Attorney
    Answered on

    Hello. Yes, you may have more than one immigrant petition pending at the same time. No issues.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    Yes. You may have them both pending at the same time.

  • Avatar

    Philip H Teplen

    Immigration Attorney
    Answered on

    You can concurrently apply for EB-5 without it affecting or being affected by the EB-2 application. I would be happy to consult with you.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    As both are immigrant petitions, you should not have a problem with dual intent. You will have to navigate the withdrawal of one petition if the other is approved. We recommend retaining qualified immigration counsel, like our law firm, to assist you with these potentially complex procedures.

  • Avatar

    Shahzad Q Qadri

    RC Creator
    Answered on

    Applying for the two visas concurrently is allowed, it will not affect either application. Once either one is approved, you can withdraw the other.

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    Ed Beshara

    Immigration Attorney
    Answered on

    The U.S. immigration laws and policies authorize the concurrent filings of immigrant petitions. That is, for the EB-5 category the filing of the I-526 petition and for the EB-2 category the filing of the I-140 petition. If the I-526 petition is approved, then you may apply for conditional permanent residency in the United States while you are in legal H1B status.

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    Ying Lu

    Immigration Attorney
    Answered on

    Yes, you can. The EB-2 and EB-5 applications are independent from each other. Our firm has rich experience in dealing with the EB-5 petitions filed by Chinese citizens. We are good at handling the country specific issues for those investors. Among those clients, many hold an H-1B visa at the moment. Please feel free to contact our firm for a free initial consultation.

  • Avatar

    Dale Schwartz

    Immigration Attorney
    Answered on

    Yes you can. However, there is a small chance that the U.S. consulate may not want to issue your E2 visa if they know the applicant has a permanent immigration case pending. But this is usually approved, even if an EB-5 is pending.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    Since they are both immigrant visa category, there should be no conflict. You could be adjusted based on whichever immigrant petition priority date becomes current first to adjust.

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    H Glenn Fogle Jr

    Immigration Attorney
    Answered on

    You can apply for multiple benefits from USCIS and whichever one is granted first, you can withdraw the pending application. Please feel free to contact me directly If you have any further questions or need assistance with EB-5 matters.

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    William A Stock

    Immigration Attorney
    Answered on

    Yes, you can seek permanent residence through multiple immigrant petitions at the same time, and pursue the one that will result in permanent residence the quickest for you.

  • Avatar

    BoBi Ahn

    Immigration Attorney
    Answered on

    Yes, you may have an employment-based 2nd preference (Eb-2) processing in conjunction with your EB-5. There's nothing precluding you from processing both as long as both are legitimate filings.

  • Avatar

    Kripa Upadhyay

    Immigration Attorney
    Answered on

    Yes, you can file for EB-5 as long as you are able to meet the investment threshold and are able to show the source of funds for the underlying investment amount.

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