We are Indian citizens and my spouse applied for an EB-5 visa in 2019. We are still awaiting I-526 approval. Meanwhile, my employer is applying for an EB-1. I was asked by my employer if I have another petition open. Do I have to disclose my EB-5 application to the employer? Can the two applications be processed at the same time?
Yes you should disclose - there is no limit on how many applications you have pending.
You do not have a legal obligation to disclose the pending I-526 petition of your wife to your employer. Your employer can sponsor you for a permanent residence process while the EB-5 case of your wife is pending.
You do not have an obligation to the employer per se. However, your immigration filing prepared by your employer''s counsel should be accurate and disclose another pending immigration petition to avoid misrepresenting information. USCIS will know about other filing and it is ok to have multiple immigrant petitions pending based on different categories.
The question is asked on the form and it is good to disclose all relevant facts on this form, especially since the officers can see it.
You should disclose your other immigration petitions which are pending - this will enable your employer''s attorneys to complete future visa petitions on your behalf with accurate information. You can absolutely have more than one green card petition pending at the same time.
In short, no. You do you and do what is best to take care of your family. Perfectly OK to have two petitions pending as long as you qualify for both. You can uphold your professional obligations to your employer while your EB-5 is pending (and if the shoe was on the other foot, employers do not necessarily look out for their employees all the time - especially in an economic downturn).
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.