I am a Chinese citizen and currently working in the United States in H-1B status. My family is about to apply for the EB-5 for me. The company is also willing to do the EB-2 for me. Can I have EB-2 and EB-5 petitions being processed simultaneously? Should I apply for one before the other?
Answers

A Olusanjo Omoniyi
Immigration attorneysYou are allowed to submit both and have them processed them simultaneously. However, as a Chinese applicant, the waiting time for EB-5 is actually shorter than EB-2. For further analysis, consult an attorney to weigh your options, expenses and requirements.

Salvatore Picataggio
Immigration attorneysYou may be able to have both pending simultaneously. You should consult an immigration attorney to fully review your U.S. immigration history and goals.

Fredrick W Voigtmann
Immigration attorneysYou can have both petitions pending at the same time and they will be processed independently by USCIS. You must choose, however, which one you will use when and if it comes time to apply for lawful permanent residence. It does not matter which petition you submit first. Depending on your country of birth (assuming it is China), the current Visa Bulletin cut-off dates for EB-5 are more recent than the cut-off dates for EB-2, but that could change in the future. Also, keep in mind that an EB-5 based green card will be conditional for two years, while an EB-2 based green card will not.

John J Downey
Immigration attorneysBoth are time-consuming. I would opt for EB-5 as the chances are better for green card acceptance.

Jimena G Cabrera
Immigration attorneysThe regulations do not limit the number of immigrant petitions that may be filed on behalf of a foreign national. You may file both simultaneously. The waiting period of visa availability is shorter for the EB-5 visa than the EB-2 visa for China.

Steffanie J Lewis
Immigration attorneysIf your employer filed an EB-2 petition, subject to certain conditions, you can remain in continued H-1B status until your priority date becomes current. You can then adjust to lawful permanent resident status as a seamless process. You are currently in a good position unless your employer would no longer need the position at a later date and before your visa became currently available. Not sure why you would want to file EB-5 if you are the beneficiary of an EB-2 petition. I suggest that you have a good discussion with an immigration attorney.

Raymond Lahoud
Immigration attorneysYou can apply for both as both are immigrant-intent immigrant visas. It is best to ensure all is accurately completed absent any errors.

Bernard P Wolfsdorf
Immigration attorneysBoth are good options. If you can pursue both, you should seriously consider doing both.


Lynne Feldman
Immigration attorneysYou may apply for both in either order since you are maintaining a nonimmigrant status.
DISCLAIMER: the information found on this website is intended to be general information; it is not legal or financial advice. Specific legal or financial advice can only be given by a licensed professional with full knowledge of all the facts and circumstances of your particular situation. You should seek consultation with legal, immigration, and financial experts prior to participating in the EB-5 program. Posting a question on this website does not create an attorney-client relationship. All questions you post will be available to the public: do not include confidential information in your question.