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How can I keep EB-2 priority date while also applying for the EB-5 Immigrant Investor Program?

I am currently on an H-1B visa and my employer started my EB-2 application in March 2013 (my priority date). I am afraid that if I apply for the EB-5 Program now through a regional center and continue working for my current employer, my ongoing EB-2 application will be cancelled by the USCIS. How can I keep my EB-2 priority date if I apply for EB-5?

Answers

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    Answered on

    You can have multiple immigrant petitions pending with USCIS at the same time as long as you otherwise maintain eligibility for your nonimmigrant status (H-1B allows for dual intent, so you may be OK).

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    Answered on

    Actually, there is no problem. In regards to your EB-2 petition, there is nothing legally preventing you from qualifying for the EB-5 Program. It will have zero impact on your separate effort to qualify through the EB-5 Petition on Form I-526. Nothing will be canceled by the USCIS. You can see which case gets approved first, and which has better visa availability, and then you can file for your adjustment of status on your chosen petition.

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    Answered on

    Filing an EB-5 will not result in EB-2 priority date being canceled.

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    Answered on

    Generally, the priority date under one visa category should not affect another category. As in this case, a priority date for the EB-2 petition will not be affected by the filing of the EB-5 petition. The question is: why will you pursue two immigrant visa categories almost concurrently when you only need one? The issue is with your plan is, if you file for EB-5, have paid the required investment of either $500k or $1million, then, your EB-2 is approved, there is a real risk is that you may not immediately recover those funds. Advisably, consider consulting an immigration attorney to weigh your options prior to proceeding with more actions.

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    Answered on

    Since I-140 petition and I-526 petition are a different category of immigrant petitions, you do not have to give up the I-140 approval or your priority date until the E-2 category visa numbers move forward. You may not use that I-140 priority date for EB-5 program as they are in different category. You will simply have two tracks of immigration process going. You can choose whichever visa will get you the faster adjustment of status to a permanent green card.

  • Avatar
    Answered on

    USCIS will not terminate your EB-2 application. You can submit green card applications under both the EB-2 and EB-5 categories.

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    Answered on

    You may file for EB-5 regardless of the EB-2 process. When either EB-2 or EB-5 is approved (whichever is faster) and assuming immigrant visa number is current under one or the other category, you will have to choose to adjust status in the United States on either EB-2 or EB-5. If the I-526 is approved and an immigrant visa is immediately available to you to apply for a green card, then you will choose this basis for adjustment of status to a permanent resident. Keep in mind the EB-5 process results in a conditional, two-year green card and you must remove the conditions on that card to make it permanent. Whereas the EB-2 green card is already permanent.

  • Avatar
    Answered on

    You may continue both EB-2 and EB-5 Petition processing. USCIS will not cancel one if you file the other. After either EB-2 or EB-5 Immigrant Petition is approved (whichever is faster) is when you need to choose which of the two categories you wish to pursue.

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    Answered on

    As long as the I-140 has been approved and not revoked, the Priority Date is locked in and can be recaptured on your EB-5 case if necessary. Both cases can continue in parallel.

  • Avatar
    Answered on

    You can apply for EB-5 without impacting your E-2 application. You should discuss this with your EB-5 investment attorney.

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