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What are my green card options if my EB-2 application is still pending?

I am currently on an H-1B visa and applied for a green card under EB-2 with a priority date of December 2010. I have been waiting for 6+ years and am not sure how long I still need to wait. Is EB-5 a good option for me? Or would it be better to wait for my EB-2?

Answers

  • Avatar

    Salvatore Picataggio

    Immigration Attorney
    Answered on

    You can wait for the EB-2 and file an I-526. You can have multiple immigration petitions pending at once.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    The issue that will likely matter the most is your national origin, as far as an EB-5 petition is concerned. For instance, if you are a Chinese national, the waiting period is currently over three years. Advisably, consult an immigration attorney to discuss the options of EB-2 and EB-5.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    It appears you are subject to the Indian quota that is backlogged to June 2008, and moving slowly. I would definitely apply for EB-5 if you can; there is no wait for Indian-born other than processing, which means you could be completed in 18-24 months, versus 5-6 years more in your current category. Moreover, most expect they will increase the minimum investment amount from $500,000 to $800,000, or even the $1.3 million proposed in the regulatory proposal filed in January 2017.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    What country are you from? Check the Visa Bulletin to see what date they are working on.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    Currently, there was really no urgency to do anything else for the H-1B holders who have the I-140 approval and can extend their status three years at a time. It was basically up to an individual''s preference of how quickly they wish to become a green card holder and then obtain citizenship, if that was the end goal. However, with the Trump administration signaling a major overhaul of H-1B and how the U.S. employer could utilize that visa category, it may be more prudent for you to obtain the green card through the EB-5 quickly.

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    Abhinav Lohia

    Immigration Attorney
    Answered on

    I have filed multiple EB-5 visa petitions for H-1B visa holders awaiting EB-2 or EB-3 green cards. The reason is the same; people are frustrated with the wait. Priority dates are unpredictable. It is a matter of personal choice. Answers depends on how soon you want a green card and get over with the uncertainty associated with the change in governments and have a stable life. Also, do you think a green card is worth investing $500,000 for.

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    Charles Foster

    Immigration Attorney
    Answered on

    You should check the Visa Bulletin to determine whether or not the EB-5 option is better time-wise than waiting for your visa number to be available under the EB-2 immigrant visa option. It depends upon your nationality and the date you established your priority date.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    If your EB-2 Priority Date is 2010 and you are still waiting for that to be current, I am assuming you are an Indian National, since all other nationals are either current or are past 2010 PD. It may be another two years or so, unless the visa number retrogresses. EB-5 petition processing is approximately 12 -18 months from filing, so it is most likely faster to go through EB-5 processing, but only by a few months, and there are no priority date concerns for Indian Nationals in the EB-5 category. If an EB-5 processing is a viable option for you, and if you are in a hurry to get your green card processed, it is not a bad idea to look into getting this started.

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    Stephen Berman

    Immigration Attorney
    Answered on

    If you believe EB-5 is likely to continue to exist, and that you have sufficient funds, and that your investment will create the required number of new jobs, and you are not from China, then EB-5 is a great option.

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