I'm on an H-1B visa, earning around $500,000/year, but I'm stuck in the EB-2 India line with a PD in 2014. Should I apply for an EB-5 investor visa?


I'm on an H-1B visa, earning around $500,000/year, but I'm stuck in the EB-2 India line with a PD in 2014. Should I apply for an EB-5 investor visa?

5 Answers
Nimrod Ginsburg
If your goal is to receive a green card as quickly as possible, then EB-5 is likely a better option for you than waiting for your EB-2 priority date to become current.
Here’s an estimated EB-5 visa timeline:
  1. 18 - 24 months for your I-526 application to be processed
  2. 6 months for your Form I-485 (Adjustment of Status) to be processed, after which you receive a temporary green card
  3. 24+ months for your I-829 application to be processed, after which your temporary green card becomes a permanent green card
Adding all of that up, you’re looking at roughly 4 - 5 years to receive your permanent green card via EB-5. However, you will receive a temporary green card within 2 - 2.5 years, and a temporary green card holder is granted the same rights and benefits as a permanent green card holder. Therefore, I believe the EB-5 visa would save you at least a few years compared to the EB-2 visa for India.
Please keep in mind that you are not guaranteed to receive approval for your I-526 or I-829 applications. You are also taking a financial risk when investing in an EB-5 project, as the government requires the EB-5 investors’ funds to be “at-risk” until the I-829 application is processed. It’s important to select a viable EB-5 project and to hire an experienced immigration attorney who specializes in EB-5 visa applications.
Feel free to contact me with additional questions.
8.7k Views · View Upvoters
Max Soi
Nimrod gives a good general answer for the relative speeds of the EB2 and EB5 greencard process.
You may qualify for an EB1-A (alien of extraordinary talent) if you can prove some criteria for being relatively elite among your peers at some skill or job (earning far more than your peers is one factor). There’s a list of 10 criteria including a miscellaneous catchall provision. You can find the list at this link: Employment-Based Immigration: First Preference EB-1
If you’re making $500,000 a year, you must be fairly talented. If you can prove that you meet 3 of the 10 criteria, you may be eligible for the visa. EB1A allows for premium processing it’s possible to get an answer within 15 days and begin adjustment of status afterwards. I’ve had cases approved in as little as 3 days although adjustment of status took about 6 months.
5.3k Views · View Upvoters
Mohit Panwar
EB5 investor visa is not for people ‘earning’ 500,000. It is for people ‘investing’ 500,000 and giving jobs to at least 3 Americans.
If you are earning 500,000 then you must be a bigshot in a company. So why don't you try leaving the US for 1 year (Europe or Canada?) and then come back and apply for an EB1?
16.1k Views · View Upvoters
Harjit Singh
If you have the resources to invest in the EB-5 Visa Program, then you surely should apply for an the EB-5 Visa.
EB-5 Visa will get you the green card immediately after the approval of your I-526 Application form, which is generally a period of 26 months
Under the EB 5 Visa program, the basic requirement for you to be eligible is to invest at least $500,000 in any commercial enterprises in the United States or secure/create full time jobs for 10 permanent U.S. residents.
After about 2 years, you will have to fill the I-829 form to prove the accomplishment of the investment and job creation to get you the permanent Green Card.
You can contact us for a free expert consultation : New York (212) 220.7198 and/or India @+91 97111.16866.
www.eb5usaservices.com
279 Views
You can try the EB-1 (one of the criterion is high salary but you need 2 more). Cost will be ~10K for everything including lawyer fees/processing and it took me 1 week to get approved and be current. EB1 in some cases can be self sponsored too, so you don’t have to involve the company.
Otherwise you can try EB5.
4.1k Views · View Upvoters

Related Questions


Comments

Post a Comment

Please tell me about your situation with the USCIS and any business related immigration problems or success stories.