How can I apply for EB-5 with a pending EB-2 application?

You can apply for both. Dual intent shouldn&#39t be an issue here.

You can keep your EB-2 application pending and still file a petition for the EB-5 visa. Upon approval of I-526, assuming there is no immigrant visa retrogression in EB-5 category for Indian nationals, you can adjust status based on approved EB-5 and withdraw EB-2. Please note EB-5 is a two-year green card and you have to remove a condition, whereas EB-2 is a permanent green card. Currently, the regional center program is extended for a short period of time and hopefully will be extended after Feb. 15. The direct EB-5 option is not affected at this time.

You can simultaneously apply for an EB-5 immigrant petition while you have an EB-2 processing started. However, at the last stage of your permanent resident processing (either adjustment of status or immigrant visa processing), you need to choose between an EB-5 or EB-2 petition to pursue since you cannot have two adjustment applications or two immigrant visas processing.

You may have multiple employment-based (EB) petitions pending at the same time. You will not jeopardize your pending EB-2 application if you apply for an EB-5 visa.

There is absolutely no problem with applying for the EB-5 with a pending EB-2 application. You do not have to withdraw your EB-2 application. To be honest, with the current very long waiting times for EB-2, many Indian citizens are going that route. You are not alone.

You can file I-516 and I-140 petitions at the same time, but once one is approved and once either visa becomes current, you should end the other one.

Yes, you can apply for as many immigrant visa classifications as you can qualify for. You can have two viable options at the same time. All you have to do is file your EB-5 petition on Form I-526, which has no impact one way or another on your pending EB-2 petition.

There is absolutely no problem with applying for EB-5 even if you have EB-2. You can apply under several categories at the same time.

You can file I-526, no problem

No, you can apply for the EB-5 visa and maintain your priority date for the EB-2 application as well.

You can file your EB-5 application without having any impact on your EB-2. I recommend you consult with an experienced investment immigration attorney to investigate the EB-5 option. Even with the potential of retrogression, EB-5 offers you an excellent path to a green card and all it has to offer.

You can apply for both at the same time. We often do that for our Indian clients and others.

Yes, you may have multiple green card avenues pending at the same time without jeopardizing any of them.