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How long does it take an Indian investor to get an EAD card through the EB-5 program?

I am an Indian national with an EB-2 priority date in July 2011. Given the long wait for EB-2, I am considering applying for EB-5. Based on the current processing times, how long will it take me to get an EAD? Is it advisable for me to apply for EB-5 since the current EB-2 priority date is in May 2009?

Answers

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    Lynne Feldman

    Immigration Attorney
    Answered on

    It is hard to know which will be faster, and it depends on what type of EB-5 case you file as to how long it will take to get to the point of getting an EAD card. EB-5 for Indian is now backlogged as well.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    The State Department has given varying guesstimates for EB-5. Most recently, in October 2019, the State Department guesstimate a 6.7-year wait for newly filed cases. Indian EB-2 is absurd and Indian EB-5 will almost certainly be better than India EB-5. Also, if the USCIS keeps Indian EB-5 open for Chart B or Date for Filing, this has allowed some Indian EB-5 applicants the opportunity to get EAD cards after only about two to three years.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Like with an EB-2, you need to have a current priority date before filing for your adjustment of status and EAD. You also need an approved I-526 petition, which can take two to four years. You would need to discuss with an immigration attorney all of your timelines and make a plan for what options could assist you best.

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