Questions and Answers > EB-5 Investments

As an EB-5 investor studying in the U.S., how can I get my combo card before I graduate?

I am an EB-5 investor who are currently studying in the U.S. as a graduate student. My i-526 has been approved for more than three years with a priority date of 2017.4. The prolonged backlog makes me worry about whether I could get my combo card at the time I graduate (2022.5). I want to have a combo card so that I do not need to ask for sponsorship and this will make everything much easier for me to find a job here. I am wondering if the reform of the EB-5 legislation will help me and would you mind estimating the time I will receive my combo card.

Answers

• Salvatore Picataggio

  Immigration Attorney

  Answered on March 30, 2021

  Monitoring the monthly visa bulletins will be the only way, right now, to determine when you can file. As you may have seen, the movement of priority dates is inconsistent.

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on March 29, 2021

  It appears that you may be chargeable to China because all other countries with this priority date are already current. If you are chargeable to China, unfortunately, the chances of reaching a 2017 priority date in the next year or so are slim. Hopefully, you are a STEM student which can, in certain circumstances provide over 36 months of employment authorization, provided you have an E-Verified employer willing to sponsor you.

• Fredrick W Voigtmann

  Immigration Attorney

  Answered on March 25, 2021

  In order to receive a combo card, which is the combined Employment Authorization Document ("EAD") and advance parole travel permit, you need to file an I-485, application to adjust status. In order to file an I-485, there must be an immigrant visa number immediately available, which is dependent on your priority date (I-526 filing date) and your country of birth. EB-5 investors born in China are subject to an August 2015 cut-off date, meaning immigrant visa numbers are not available for I-526 petitions filed after that date. Vietnam is also subject to a cut off date, but the countries in the rest of the world are not. The I-526 petition must be approved and priority date current in order to file I-485.

• Lynne Feldman

  Immigration Attorney

  Answered on March 25, 2021

  If you filed the I-485 three years ago, this makes no sense as even though they are slow combo cards come in about 208 months; did you file I-765 and I-131 with the I-485?

• Belma Demirovic Chinchoy

  Immigration Attorney

  Answered on March 25, 2021

  It is impossible to know when your PD will become current. Further, the EB-5 unit at CSC is barely processing any AP/EAD applications, but hopefully this will change by the time you are eligible to file for AOS. There is always the continued education option if you must stay here and do not want to bother with H-1B.