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Questions and Answers > EB-5 Forms

How can I port the EB-5 priority date of my spouse to my EB-1?

My wife is the principal applicant for EB-5, and I am the principal applicant for EB-1. We both will be on the application of each other. My company is applying for my EB-1, and it would be great if I could use our EB-5 priority date. How can I make this happen?

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Answers

  • Avatar

    Julia Roussinova

    Immigration Attorney
    Answered on

    You cannot port EB-5 to EB-1.

  • Avatar

    Daniel A Zeft

    Immigration Attorney
    Answered on

    This is not necessary because EB-1 does not have backlogs now.

  • Avatar

    Micol Mion Gordon

    Immigration Attorney
    Answered on

    You cannot use the priority date from an EB-5 petition for an EB-1, EB-2, EB-3 or EB-4.

  • Avatar

    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    You cannot port an EB-5 priority date to an EB-1. You can port from EB-1 to EB-2 or EB-3, and vice versa, but not to an EB-5.

  • Avatar

    Lynne Feldman

    Immigration Attorney
    Answered on

    You cannot recapture the Priority Date of your spouse but EB-1s are usually pretty close to current.