If I were to receive an H-1B visa, could I start the EB-5 visa application process then? Is there a time restriction between working under the H-1B and becoming an EB-5 investor?
Answers
David S. Santee
EB-5 Immigration attorneysYes, you can enter the U.S. on an H-1B visa even if you are planning to file for adjustment of status through EB-5.
H-1B is one of the few nonimmigrant categories that allows for “dual intent.” That means that you are allowed to enter as an H-1B nonimmigrant with the intent to immigrate. The EB-5 process would not adversely affect the H-1B process and the H-1B entry would not adversely affect the EB-5 application. Also, H-1B is a 3-year admission that is extendable for another 3-year period and, in some cases, may be extended even longer. This is important because an EB-5 applicant who is applying to adjust status must maintain lawful nonimmigrant status.
Yuliya Veremiyenko-Campos
EB-5 Immigration attorneysThere is no restriction. You can start EB-5 even before the H1B.
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