Questions and Answers > EB-5 Investments

What will happen if I apply for EB-2 and EB-5 simultaneously?

I plan to apply for a PERM filing via EB-2, as well as apply for EB-5 through a regional center. Can this be done? What issues might arise with USCIS while screening both applications?

Answers

• Salvatore Picataggio

  Immigration Attorney

  Answered on August 1, 2017

  It is possible to have multiple immigrant petitions pending at once. Please work with EB-5 immigration attorneys to assist with your process planning.

• Julia Roussinova

  Immigration Attorney

  Answered on March 9, 2017

  Yes, you may file simultaneously, but then will have to choose either EB-2 or EB-5 basis to adjust status or consular process. Remember, EB-5 gives you a 2-year conditional green card and you have to remove the condition in the future by filing I-829 and proving adequate job creation to become a permanent resident, whereas EB-2 gives you a permanent green card.

• BoBi Ahn

  Immigration Attorney

  Answered on February 23, 2017

  No issues. They can simultaneously be processed. There is no conflict of having an employer petition/process you for EB-2 employment-based permanent resident processing while you pursue EB-5 immigrant investor processing. However, when you are ready to proceed with the last step - immigrant visa processing (if consular processing abroad) or adjustment of status (if present in the United States) - you will have to choose only one of the two processings to proceed with at that stage.

• Charles Foster

  Immigration Attorney

  Answered on February 23, 2017

  You may apply and file EB-2 and EB-5 petitions simultaneously; there is no problem whatsoever. There should be no issue unless for some reason you gave them materially different information that was significant.

• Ting Geng

  Immigration Attorney

  Answered on February 23, 2017

  You can apply for EB-2 and EB-5 at the same time. These two petitions do not conflict with each other. You will be able to adjust your status or apply for an immigrant visa when either of the petition''s priority date becomes current.

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on February 23, 2017

  There is absolutely no conflict if you apply for both. Technically, you could likely apply for EB-1 and EB-3 as well; however, that might be overkill.

• Lynne Feldman

  Immigration Attorney

  Answered on February 23, 2017

  No problem with this strategy. When USCIS is ready to adjudicate one of the I-485s though, they will make you choose, but in the meantime both cases can pend.

• Dawn M Lurie

  Immigration Attorney

  Answered on February 23, 2017

  There is no conflict in filing for lawful permanent residence under two of the employment-based categories. As long as there are no inconsistencies between the applications, I do not foresee an issue. We have several individuals with retrogressed EB-2 priority dates from India, for instance, that are considering filing an EB-5 petition.

• Peter Zhang

  Immigration Attorney

  Answered on February 23, 2017

  This can be done and there should not be any issues arising from filing those two simultaneously.

• Jinhee Wilde

  Immigration Attorney

  Answered on February 23, 2017

  Yes. There is no prohibition on doing two separate tracks of EB-2 and EB-5, and the eligibility and the review criteria for approval of those applications are different and should not pose any conflict.

• Stephen Berman

  Immigration Attorney

  Answered on February 23, 2017

  You can file as many immigrant visa petitions as you wish. Each will be processed on its own merits.