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?
Answers
Bernard P Wolfsdorf
Find an EB-5 Visa Lawyer: Immigration AttorneyMy 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.
Dennis Tristani
Find an EB-5 Visa Lawyer: Immigration AttorneyAs 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.
DISCLAIMER: the information found on this website is intended to be general information; it is not legal or financial advice. Specific legal or financial advice can only be given by a licensed professional with full knowledge of all the facts and circumstances of your particular situation. You should seek consultation with legal, immigration, and financial experts prior to participating in the EB-5 program. Posting a question on this website does not create an attorney-client relationship. All questions you post will be available to the public: do not include confidential information in your question.