Question:
How can I apply for EB-5 while applying for EB2?
Answers:
The U.S.Immigration laws and policies authorize the concurrent filings of immigrant petitions.That is, for the EB-5 category the filing of the I-526 petition and for the EB-2 category the filing of the I-140 petition.If the I-526 petition is approved then you may apply for conditional permanent residency in the U.S., while you are in legal H1B status.
US Immigration Law allows filings of different types of immigrant petitions at the same time. Thus, you can apply for EB-5 while applying for EB-2.
As both are Immigrant petitions, you should not have a problem with dual intent. You will have to navigate the withdrawal of one petition if the other is approved. We recommend retaining qualified immigration counsel, like our law firm, to assist you with these potentially complex procedures.