Can someone pursue EB-5 and another visa category?

Yes, foreign national investors have the flexibility to pursue a green card through the EB-5 program while simultaneously exploring other employment-based pathways like EB-2 or EB-3. This can be particularly advantageous for applicants facing extended processing times in categories like EB-3, where wait periods can exceed ten years for certain nationalities.

There are no legal restrictions against applying for green cards in multiple categories. You can initiate the EB-2 or EB-3 process, potentially lasting several years, while concurrently pursuing an EB-5 visa.

Video Transcript
One of the great things about EB-5 is that a foreign national investor may pursue a green card through EB-5 while also pursuing a green card through an employment based category like EB-2 or EB-3.

The EB-3 category in particular has a very long backlog. In some cases it depends on the country of origin and for Indian nationals, for example, they wait under the EB-3 category is over ten years.

There is nothing that prohibits a foreign national from pursuing a green card in more than one of these categories. So it is possible to have a process underway in the EB-2 or EB-3 category, which might take eight, ten or more years and then pursuing a green card through EB-5.

I consider it to be like a horse race. You are free to enter as many horses as you like in the race and you see which one comes in first.

Presented by:
Brent Huddleston, Immigration Attorney, Huddleston Law Group PLLC