How can I apply for the EB-5 visa on a pending asylum case?

Unless you have maintained underlying status and never worked for one day without status, you will not be able to obtain an EB-5 visa because you would have to apply from your consulate abroad. When you leave, you would trigger a 10 year bar if you have been without valid nonimmigrant status and if you worked without permission.

Having a pending asylum application does not restrict your ability to file an I-526E petition. However, it may present challenges when pursuing adjustment of status.

It may help you but not guaranteed. Generally, “asylum pending” in not considered “status” for the purposes of EB-5-based adjustment of status. This means you will likely need to apply for immigrant visa (after EB-5 petition is approved) through a consulate in a third country (other than the country you are seeking asylum from).

It could be possible, but you may have to apply overseas for your immigrant visa. Your underlying asylum application will need to be reviewed to make sure there are no disqualifying reasons, should it be denied, that could prevent you from seeking an EB-5 visa.

Most likely you will need to consular process for your green card but yes EB-5 is a possibility. We would need to determine if you accrued unlawful presence before the asylum application to determine if a waiver is needed and whether you qualify.