Masami Hibino

Is it possible to transfer the EB-2 priority date to my EB-5 application?

We have a lot of Indian clients who would like to know if they could take advantage of their EB-2 priority date in an new EB-5 petition? In case, there is retrogression in the near future for them they want to know if this si a legitimate way to avoid the retrogression?


Marko Issever
May 26, 2019 12:51 AM  Marko Issever

The short answer is you cannot transfer EB-2 priority date to EB-5. But there might not be any need for it anyway. At this point, Indian EB-5 applications are current. It is expected that sometime this summer or may be by the end of this summer there might be retrogression on EB-5 applications. Even if there is retrogression on EB-5 for Indian citizens, nobody really knows for sure how long the wait will be for adjustment of status once the I-526 petition is approved then. While you cannot transfer the EB-2 priority date to your current intended EB-5 application, if you do decide to apply for the EB-5, you do not need to cancel your EB-2 application. In case the EB-2 gets approved before you can apply for adjustment of status on your EB-5, you simply proceed with the EB-2.


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