We are hearing that there are significant benefits for applicants in the US with a nonimmigrant visa applying for EB5 while on US soil. Can you please elaborate?
We are hearing that there are significant benefits for applicants in the US with a nonimmigrant visa applying for EB5 while on US soil. Can you please elaborate?
Answers
Absolutely. The RIA of 2022 has granted nonimmigrant visa holders in the US to file their EB5 petition (I-526 filing) concurrent with an adjustment of status for permanent residency, work permit, and travel permit. In other words, they can file four petitions all at once before waiting for approval of their EB5 petition. Applicants who file overseas still must wait for I-526 approval before they can file for adjustment of status. Other project-selection-specific benefits, such as visa set-asides, expedited processing, etc., are equally valid for applicants filing within the United States and from overseas.
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