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Questions and Answers > EB-5 Investments

Is an EB-5 RC applicant eligible to file I-485, I-765, and TAD if he has H1-B or L1 Visa under the new EB-law?

My EB-5 Regional Center application was officially transferred from USCIS to NVC in March, 2022 after it was approved by USCIS in April, 2020 (i.e. after 23 months). I am currently still not in USA (in Asia, All Chargeability Areas Except Those Listed). I am the EB-5 principal applicant with my wife and two children (< 13 years old). The new EB-5 amendment or EB-5 Law was passed and signed. My questions are: 1) Am I eligible to file I-485, I-765 (Employment Authorization Document, EAD) and TAD if I have H1-B or L1 Visa and physically work in California, USA under the new EB-5 law? If yes, how many months will it take? Should I easily apply L1 visa than H1-B visa? 2) Am I legally eligible to file I-485, I-765 and TAD if I use B1/B2 (Travel Visa) to arrive in USA under the new EB-5 law? If yes, how many months will it take? 3) Is my wife and my two kids eligible to file I-485, I-765 and TAD if they use F1 (student visa) and F2 to arrive in USA under the new EB-5 law and I am still in Asia? If yes, how many months will it take?

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    My questions are: 1) Am I eligible to file I-485, I-765 (Employment Authorization Document, EAD) and TAD if I have H1-B or L1 Visa and physically work in California, USA under the new EB-5 law? - Yes you are. 2) If yes, how many months will it take? - No one knows but expect about 2+ years. 3) Should I easily apply L1 visa than H1-B visa? - Depends which you qualify for. H-1B means enter October 2023. 4) Am I legally eligible to file I-485, I-765 and TAD if I use B1/B2 (Travel Visa) to arrive in USA under the new EB-5 law? - If you enter on a visitor visa claiming to be a tourist and file for a green card, that can be a problem. 5) Is my wife and my two kids eligible to file I-485, I-765 and TAD if they use F1 (student visa) and F2 to arrive in USA under the new EB-5 law and I am still in Asia? - Only wife is the principal. 6) If yes, how many months will it take? - No one knows but expect about 2+ years.

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    Dennis Tristani

    Immigration Attorney
    Answered on

    As of today, the USCIS website has updated to confirm that individuals with a pending or approved I-526 petition filed before June 30, 2021 may file for adjustment of status: https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-priority-dates/adjustment-of-status-filing-charts-from-the-visa-bulletin. Adjustment of status processing times are generally slow - I would conservatively say a minimum of 12 months from start to finish. If you arrive in the U.S. on a B-2 or F-1 visa, I would only file for adjustment of status after 90 days have passed since your admission.