Questions and Answers > EB-5 Investments

How can I benefit from EB-5 concurrent filing while in the U.S. on a visitor visa?

I am on a visitor visa in the USA from India and intend to pursue the EB-5 route under the new legislation. Does the 90-day rule apply as it relates to the concurrent filing of I-526 and I-485 petitions? Additionally, after receiving EB-5 approval—assuming there is a backlog for India then (in 2-3 years)—would there be an additional wait to get a conditional green card until a visa number is available, even though India is current at this point in time? If so, how does this impact the age out issue for my children?

Answers

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on August 4, 2022

  If you entered with a legitimate B-2 purpose, have been here for more than 90 days, and only learned about this EB-5 option after entry and you did not enter with a plan to apply to adjust, you can file a concurrent filing provided India remains current, which I believe it will for a while. If it backlogs again, then your adjustment will be delayed. But after 6-8 months, you should get your work permit and also a travel permit - but they are slower. If you are eligible for concurrent filing, this is the way to go.

• Phuong Le

  Immigration Attorney

  Answered on August 3, 2022

  If you are on a visitors visa, yes, the 90 day rule applies. We cannot predict the backlog but if there is one, yes, there is a wait.

• Lynne Feldman

  Immigration Attorney

  Answered on August 3, 2022

  The strict 90 day rule does not apply but I would wait at least 30 days to apply. Adjusting status will protect your children from aging out provided they do not marry and are otherwise eligible at the time of filing. The Priority Date must be current when you file the I-485 and then again when the case is adjudicated. They usually use the Final Action Date chart for filing and always use the Final Action Date chart of the Visa Bulletin for final adjudication.