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Which employment-based petition should I submit first?

I am a Chinese citizen and currently working in the United States in H-1B status. My family is about to apply for the EB-5 for me. The company is also willing to do the EB-2 for me. Can I have EB-2 and EB-5 petitions being processed simultaneously? Should I apply for one before the other?

Answers

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    You are allowed to submit both and have them processed them simultaneously. However, as a Chinese applicant, the waiting time for EB-5 is actually shorter than EB-2. For further analysis, consult an attorney to weigh your options, expenses and requirements.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    You may be able to have both pending simultaneously. You should consult an immigration attorney to fully review your U.S. immigration history and goals.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    You can have both petitions pending at the same time and they will be processed independently by USCIS. You must choose, however, which one you will use when and if it comes time to apply for lawful permanent residence. It does not matter which petition you submit first. Depending on your country of birth (assuming it is China), the current Visa Bulletin cut-off dates for EB-5 are more recent than the cut-off dates for EB-2, but that could change in the future. Also, keep in mind that an EB-5 based green card will be conditional for two years, while an EB-2 based green card will not.

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    John J Downey

    Immigration Attorney
    Answered on

    Both are time-consuming. I would opt for EB-5 as the chances are better for green card acceptance.

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    Jimena G Cabrera

    Immigration Attorney
    Answered on

    The regulations do not limit the number of immigrant petitions that may be filed on behalf of a foreign national. You may file both simultaneously. The waiting period of visa availability is shorter for the EB-5 visa than the EB-2 visa for China.

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    Steffanie J Lewis

    Immigration Attorney
    Answered on

    If your employer filed an EB-2 petition, subject to certain conditions, you can remain in continued H-1B status until your priority date becomes current. You can then adjust to lawful permanent resident status as a seamless process. You are currently in a good position unless your employer would no longer need the position at a later date and before your visa became currently available. Not sure why you would want to file EB-5 if you are the beneficiary of an EB-2 petition. I suggest that you have a good discussion with an immigration attorney.

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    Raymond Lahoud

    Immigration Attorney
    Answered on

    You can apply for both as both are immigrant-intent immigrant visas. It is best to ensure all is accurately completed absent any errors.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Both are good options. If you can pursue both, you should seriously consider doing both.

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    Ying Lu

    Immigration Attorney
    Answered on

    You can do both at the same time.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    You may apply for both in either order since you are maintaining a nonimmigrant status.

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