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How should I start my EB-5 application if I have a pending EB-2 case with a priority date in 2010?

I have $500,000 that is available for an EB-5 investment. I am currently working in the U.S. with an H-1B visa. I am an Indian native and my EB-2 priority date is in 2010. If I file an EB-5 case now, will I get a green card through it faster than through my EB-2 case?

Answers

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    Ed Beshara

    Immigration Attorney
    Answered on

    You can file multiple EB petitions. The EB-5 petition process may lead you to be able to apply quicker than the other EB petitions. However, one needs to continually check the time delays on the monthly visa bulletin.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Since the EB-2 final action date is 2009, you are pretty close to the next step with the EB-2. I-526 processing time can itself be several years. You may be one of the lucky ones who can stick with the EB-2.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    It is not clear that an EB-5 will be faster than a 2010 EB-2. My speculation is EB-2 is just or almost as fast.

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    Stephen Berman

    Immigration Attorney
    Answered on

    It is very hard to say. EB-2 is May 13, 2009, and EB-5 is Dec. 8, 2017.

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    Vaughan de Kirby

    Immigration Attorney
    Answered on

    That is difficult to predict, as we do not know the degree of retrogression your EB-5 application is going to experience. For Indian nationals, you are looking at retrogression that will delay the availability of your green card for in excess of six years. You have a good priority date on your EB-2 and it may indeed be faster than your EB-5. However, with this administration and USCIS, we lack certainty. I recommend that you have a consultation with an experienced investment immigration attorney immediately.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    I think the EB-2 will be faster. The EB-5 quota for India is predicted to go backward sharply after all the current EB-5 cases are filed to beat the Nov. 21 deadline that is looming. I have about 10 EB-5 cases to file for Indian clients myself. All of this advice could be turned upside down if one of several bills pending in Congress passes. They would speed up visas from India.

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    Jan Pederson

    Immigration Attorney
    Answered on

    That is difficult to say. The November Visa Bulletin just came out and the respective priority dates are as follows: India EB-2 is May 13, 2009; India EB-5 is Dec. 8, 2017. It is up to you if you want to hedge your bets. You might want to do EB-5 as well. Note that you cannot transfer your EB-2 priority date to EB-5.

  • Avatar

    Hassan Elkhalil

    Immigration Attorney
    Answered on

    You may get your green card faster through the EB-5. I would file for my EB-5 and whichever adjustment application is approved first, then I drop the other. You may have both applications pending at the same time.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Hard to say which is faster, but you do have the option to have both going at the same time.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    Most likely the EB-2 will process faster, since for Indian nationals in EB-2 category, the current priority date is May 2009 and I-526 immigrant petition for alien investor is taking close to two years upon filing to adjudicate.

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    Charles Foster

    Immigration Attorney
    Answered on

    You can clearly file an EB-5 petition on Form I-526 now and it is likely to provide a visa number sooner under the quota.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    Yes, you should apply for EB-5 considering that the waiting time for EB-2 is longer than EB-5.

  • Avatar

    Marko Issever

    EB-5 Broker Dealer
    Answered on

    Most likely, the EB-5 route will be much faster for you than that of EB-2, even with a 2010 priority date. Today, according to the October bulletin, for India-born applicants, USCIS is processing EB-2 with July 1, 2009 priority date, based on dates of filing. There seem to be over 433,000 people waiting in the EB-2 queue, including primary and dependent applicants. If we assume that the applicants came to the queue in equal numbers throughout the years, with a 2010 priority date, that puts you on the top 43,000 applicants. With USCIS approving less than 3,000 green cards annually, that would mean that you will need to wait for over 14 years for your petition to become current. With EB-5, most likely, your conditional green card would be approved in less than half of that amount. If you are lucky, it might be approved in less than five years. That is a huge difference. Nevertheless, you do not need to cancel your pending EB-2 case. If that becomes current, before your EB-5 based application is approved, then you could always drop the EB-5 case. As for your $500,000 investment, depending on the terms and conditions agreed on the private placement memorandum, you might have to wait until the underlying loan extended to the job-creating enterprise is paid off to the new commercial enterprise managed by the regional center.

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