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How can I apply for a work visa if my EB-5 based I-485 gets denied?

I am currently in the U.S. with a student visa. My I-526 got approved last month and I plan to file an I-485 to adjust my status to a conditional permanent resident. In the worst-case scenario where my I-485 application gets denied by USCIS, am I still eligible to apply for a work visa? Could my EB-5 application impact my ability to apply for other categories of non-immigrant visas?

Answers

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Filing the I-485 will make another non-immigrant visa very difficult to get, regardless of EB-5 or any other EB qualification. I'd be interested to learn more about why you think your I-485 would be denied.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Yes, you might be eligible for an H-1B if you have an employer sponsor and can file by April 2020.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    If you still have a valid student visa you can apply for another non-immigrant work visa such as H-1B. Your EB-5 application won't have any impact if you choose to apply for any non-immigrant visa.

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    Stephen Berman

    Immigration Attorney
    Answered on

    It won't stop you from filing for a work visa.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Yes, the EB-5 is an immigrant case, so the only dual-intent NIV cases for a work visa in the event of a denial are H-1B and L-1.

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    Marko Issever

    EB-5 Broker Dealer
    Answered on

    First and foremost, congratulations on getting your I-526 petition approved. Let's be optimistic and expect that your I-485 will be approved with no issues! In case it is not approved, you should still be able to pursue OPT, as long as you have not used it all up. Besides, you always have the company sponsorship route through H-1B, and a whole host of other options depending on which country you were born in and which country's citizen you are. Once you have shown immigrant intent, some of the non-immigrant paths might become more challenging, but it is hard to say. In case your I-485 adjustment of status application is not approved, the most prudent action you can take is to engage an immigration attorney if you don''t already have one that you are already working with.

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    Robert West

    Immigration Attorney
    Answered on

    Why would you think your I-485 would be denied? Crimes? Fraud? Very unlikely to be denied with an approved I-526. If you have a lawyer you should discuss your concerns with the lawyer, as on a question forum like this you cannot get into the details.

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    Daniel A Zeft

    Immigration Attorney
    Answered on

    You need a consultation appointment with an immigration attorney who can discuss these various issues with you.

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    Charles Foster

    Immigration Attorney
    Answered on

    Yes, if your I-485 adjustment application is denied you can still apply for a non-immigrant work visa if you are otherwise eligible for same.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    Unless the reason for your I-485 denial is based on fraud or any unlawful status in the U.S., your future processing for non-immigrant visas and or other forms of employment base processing should not be affected.

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    Belma Chinchoy

    Immigration Attorney
    Answered on

    Yes, your immigrant intent could prevent you from receiving certain non-immigrant visas. It is very rare for I-485s to get denied. In other words, a legal cause for a denial of I-485 would likely prevent you from getting a NIV.

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