Should I apply for an EB-5 EAD or EB-1C if I have the option? - EB5Investors.com

Should I apply for an EB-5 EAD or EB-1C if I have the option?

We are an India-born couple. I am an L-1A visa holder, and my firm is planning to apply for EB-1 in the next six months. My spouse applied for an EB-5 visa in 2019, and is currently moving on L-2. Should we apply for an EB-5 EAD or go the EB-1 route? Do I have to disclose my EB-5 dependent status to my employer?

Answers

Barbara Suri

Barbara Suri

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Answered on

It is okay to apply for as many immigration benefits as for which you qualify. It is my opinion that you do not have to disclose your EB-5 dependent status to your employer unless you want to do this. What would you hope to gain?

Dennis Tristani

Dennis Tristani

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Answered on

The EB-1C process will be quicker and provide you and your family with a permanent, 10-year green card, as opposed to the conditional 2-year green card from the I-526 petition. You can have the EB-1C process moving in parallel with your EB-5 process. Moving forward with the EB-1C first makes sense to give you the opportunity to obtain a permanent green card - if this process fails, you will be able to adjust status based on the EB-5 petition.

Lynne Feldman

Lynne Feldman

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Answered on

EB-1 route definitely as that gives you the 10-year card and the EB-5 route just the 2-year card.

Bernard P Wolfsdorf

Bernard P Wolfsdorf

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Answered on

You can clearly do both, although sometimes USCIS wants you to choose. The L-2 is also work authorized. You probably want to disclose your EB-5 dependent status so the lawyer filing does not inadvertently omit information.

Stephen Berman

Stephen Berman

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Answered on

You should file every application you are eligible to file. There is no law that requires you to notify your employer you have filed for adjustment on a different basis.

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