As I near the end of my H-1B visa and to secure my stay in the U.S., I plan to apply for the EB-5 visa. How long will it take while my application is reviewed? How long until my status is adjusted to a temporary resident? What rights and protections do I have during that period?
Answers
Calvin Kourosh Azadi, Esq.
EB-5 Immigration attorneysAdjusting status through the EB-5 visa typically takes 1 to 2 years as it varies based on your country of origin and USCIS processing times. During this period, you may receive work and travel authorization while your EB-5 and U.S. Residency applications are pending. You are allowed to remain in the U.S. legally once your I-485 (U.S. Residency) application is filed and processing, even if your H-1B expires.
Natalia Morozova
EB-5 Immigration attorneysFor Rural Targeted Area it is approximately 8–12 months, with some approvals reported in as little as 6 months due to priority processing under the EB-5 Reform and Integrity Act of 2022. USCIS no longer publishes processing times except for the "legacy" EB-5 filing.
Once the Adjustment is filled you are allowed to stay in the US and you will be issued a work permit and travel documents 6-12 months post filing.
Please let me know if you have any other questions.
Lynne Feldman
EB-5 Immigration attorneysIt depends on the EB-5 category you are applying in and whether the I-526 is already approved.
Yuliya Veremiyenko-Campos
EB-5 Immigration attorneysIt may take about 1 year and a half (assuming there is no retrogression, and you invest in a TEA project) to get your conditional green card. While your EB-5-based adjustment of status (AOS) application is pending, you may remain in the U.S. even if your visa expires. During that time, you are also eligible to apply for a work permit and travel document based on pending AOS (adjustment of status).
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