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Questions and Answers > Other Eb-5 Questions

How could a failed EB-5 case impact my current visa?

I am currently working in the U.S. on an H-1b visa. I plan to apply for the EB-5 program through a regional center soon. If something wrong happens to the regional center or the project during this process and my EB-5 case fails, what happens to my current visa? Would my current status be in jeopardy?

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Answers

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    Vaughan de Kirby

    Immigration Attorney
    Answered on

    A failed EB-5 would have no direct impact on your H-1. However, if you invest carefully failure should not be an option.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    You can stay in H-1 status until you get your conditional green card.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    It should not. Be aware, though, that you can't have H visas beyond six years without starting the green card prior to the beginning of the sixth year.

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    Daniel A Zeft

    Immigration Attorney
    Answered on

    If your permanent resident case based on EB-5 fails, then this will not affect your H-1B status.

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    Charles Foster

    Immigration Attorney
    Answered on

    If you fail to have your EB-5 petition approved, it will not impact your H-1B status in any way.

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    Marko Issever

    EB-5 Broker Dealer
    Answered on

    No harm will be made to your H-1B visa because H-1B is a dual-intent visa. Holders of H-1B visas are allowed to seek permanent residency in the U.S. through methods such as EB-5. If your EB-5 petition gets denied due to the project failing, you should be allowed to fall back to your H-1B visa status.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    No, your current status won't be in jeopardy even if anything were to go wrong with the processing of an EB-5 petition. However, make sure you keep your H-1B visa in status while the EB-5 is being pursued.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Since you won't be applying for a green card, probably not going to affect the H-1B, but be careful, as the I-526 petition is still technically "immigrant."