Has anyone had success with expedited processing of physician applications for EB-5 due to care of COVID-19 patients? I am a physician, already in the U.S. on an H-1 and am a prospective EB-5 applicant. I routinely manage COVID-19 patients as part of my work. Would I qualify for expedited processing?
Answers
Belma Demirovic Chinchoy
Immigration AttorneysYou should take an individualized consultation to determine your chances of success on an expedite request. Is your H-1 status ending/cannot be renewed? This would weigh heavily on your expedite request.
Bernard P Wolfsdorf
Immigration AttorneysOur office has succeeded with several expedites but there is no pattern. Each one of these cases depend on the facts, doing some Covid work may not help. Since these cases are discretionary, it may make sense to present extensive compelling evidence of the vital humanitarian role. One can ask for, or one can submit, a compelling brief. I find many clients do not understand how effort and presenting a case well can make the difference.
Salvatore Picataggio
Immigration AttorneysThe I-526 petition is only concerned with the investment and project. They don''t consider the background of the investor until their IV processing. In the second step, an expedite is worth trying, but for the I-526 petition, they would want to know how the investment and project warrant expediting.
Lynne Feldman
Immigration AttorneysYou would have to argue how giving you the green card would change what you are doing now for patients. Is the I-526 approved already?
Fredrick W Voigtmann
Immigration AttorneysThere must be a nexus or connection to the expediting of your I-526 petition and one of the USCIS expedite criteria found at: https://www.uscis.gov/forms/filing-guidance/how-to-make-an-expedite-request. Your request will have a better chance of being accepted and expedite granted if you can document specific reasons why the I-526 approval will further the national interests of the United States.
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