Questions & Answers

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

I applied for EB-2 through my employer last year. Since I am from India and in the U.S. on an H-1B visa, the wait time for EB-5 is too long. Is it possible for me to apply for an EB-5 visa without jeopardizing my current EB-2 application, or do I have to choose one to proceed?

Answers

• Julia Roussinova

  Immigration Attorney

  Answered on February 1, 2019

  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.

• BoBi Ahn

  Immigration Attorney

  Answered on January 23, 2019

  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.

• Marko Issever

  EB-5 Broker Dealer

  Answered on January 22, 2019

  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.

• Anastasia White

  Immigration Attorney

  Answered on January 22, 2019

  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.

• Lynne Feldman

  Immigration Attorney

  Answered on January 21, 2019

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

• Dale Schwartz

  Immigration Attorney

  Answered on January 21, 2019

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

• Vaughan de Kirby

  Immigration Attorney

  Answered on January 21, 2019

  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.

• Michael A Harris, Esq

  Immigration Attorney

  Answered on January 21, 2019

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

• Belma Chinchoy

  Immigration Attorney

  Answered on January 21, 2019

  You can file I-526, no problem

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on January 21, 2019

  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.

• Charles Foster

  Immigration Attorney

  Answered on January 21, 2019

  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.

• Salvatore Picataggio

  Immigration Attorney

  Answered on January 21, 2019

  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.