On March 15 this year, the US Congress issued the "EB-5 Reform and Integrity Act". Among them, one of the most eye-catching clauses is that when an EB-5 investor submits an I-526 application, if the person is in the United States, he can submit an I-485 identity adjustment application, commonly known as: double submission. In addition, you can apply for an I-765 work permit and an I-131 travel permit at the same time (this cannot be done under the old bill). Then, it means that EB-5 applicants and their families can wait for the I-526E immigration application process to stay in the United States, and can work, live, study and enter and exit the country freely until they obtain a green card.
Background:
EB-5 main applicants are friends who work or study in the United States. They already live in the United States. Under normal circumstances, during the process of applying for EB-5, they do not want to leave the United States, and hope to stay in the United States until they obtain a green card. Then, I-485 is a major benefit for these friends. Submitting I-485 can also submit a work permit and a travel permit application. When these two applications are approved, they are called Combo cards (with dual functions of work permit and travel permit, two-in-one), and can be regarded as the applicant has "quasi-green card". Some friends asked, if you log in to the United States with a B1/B2 travel and business visa or other types of visas, can you submit it on both sides? The answer is yes, but you need to stay for 90 days after logging in to the United States to apply. Excluding the motive for entry immigration at that time, and the motive for entry may change after 90 days. |
When the work permit is approved for , the applicant can move freely in the United States, and can work, study, and live, and apply for a driver's license, open a bank account, apply for a tax number, social security number, etc. Here we solve the difficulties of some applicants applying for H-1B work visas, because H-1B has to draw lots every year, and the winning rate is getting lower every year, so it is very difficult to stay in the United States through a work visa, and it is not easy to find a job. If you hold a Combo card, you can freely find a job in the United States. As long as the employer hires you, you can start a job and exempt other visas from handling procedures, which is extremely convenient. However, work activities cannot be carried out until the work permit is approved, and special attention should be paid to this.
When the travel permit is approved for , the applicant can freely enter and exit the US customs border, leave as he says, come back as he says, come and go freely. Nowadays, many American students dare not leave the United States with F1 visa because they are worried that they will return to the United States and refuse to enter. Moreover, the departure time is too long, and I-20 may be deemed invalid. In addition, in the past two years of the epidemic, some children have not left the United States for 2-3 years, and the children have been separated from their parents for a long time. But having a travel permit is completely different, so there is no need to worry about departure or entry.
Now the validity period of the Combo card has been changed from the original 1-year validity period to 2-year validity period, which is more convenient for applicants to live, work and study in the United States. Now, the I-765 and I-131 application review time is about 6-10 months. Applicants are not allowed to leave the United States before obtaining the Combo card. This should be paid great attention to this. Otherwise, it will be deemed that the I-485 application will be voided.
After the implementation of the new bill, everyone is very concerned about the I-526E trial cycle of EB-5 new immigration application. Because under the old bill, the I-526 trial time will be 76 months for applicants in China, and 52.5 months for applicants in non-China regions. The waiting time is very long and very abnormal. Why is this happening? There is also a technical operation of the Immigration Bureau here, because the schedule of the old bill is long, and Chinese applicants do not have a green card quota. Even if the Immigration Bureau approves the Immigration Bureau, the applicant cannot get an immigration visa. On the other hand, the Immigration Bureau delays the approval speed, which is conducive to protecting the age of children and preventing some older children from being unable to immigrate with them after they are over the age, so that the child's age is still in a state of continued freezing.
At present, EB-5 is different under the new bill, because rural projects, urban high unemployment projects and infrastructure projects, these three types of projects reserve EB-5 green card quota every year, of which the reserved quota for rural projects accounts for up to 20%. When the project has a green card quota, the Immigration Bureau will conduct it according to the normal trial cycle. We predict that the I-526E trial time of the new bill will be about 2 years.
As mentioned earlier, you can wait in the United States while waiting for the I-526E trial process, and you can also work, live and study in the United States during the waiting period. There is no need to pay too much attention to the I-526E trial time issue, because the speed of the trial no longer affects the applicant's life in the United States. The speed of the trial result is related to the time of obtaining a green card. This operation method has solved everyone's desire to log in to the United States as soon as possible.
Under the old bill, if an applicant wants to log in to the United States in advance, he usually needs to apply for another visa to wait in the United States, such as student visa F1, work visa H-1B, L-1 or E-2, which is very expensive and is not easy to achieve.
However, I-526E and I-485 double submissions are a favorable policy. In the near future, if projects under the new bill are scheduled, this operation method will probably be suspended. Therefore, everyone should cherish this double submission opportunity.