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Episode Info: Floyd Mitchell: [00:01:14] Hello EB-5 investors. This is Floyd Mitchell with eb5eb5.com. Welcome to Episode 5 of the EB-5 investor portal podcast recording on Friday December 1st 2017. Today's episode is titled applying for an EB- 5 visa as an H1-B applicant or visa holder with special guest and immigration attorney Sam Newbold of Barst Mukamal & Kleiner. Sam heads of BMK's EB-5 practice group representing individual investors regional centers and developers. Sam has counseled hundreds of individual EB-5 investors and their families through the entire EB-5 process and has one of the highest approval ratings in the industry. Mr. Newbold is a well-established speaker on immigration law topics in New York City and throughout the country. He often presents on topics involving complex immigration issues. Mr. Newbold also serves on the board of directors for the Safe Passage Project, a nonprofit that provides pro-bono legal aid to accompanied minors in the immigration process. He holds degrees from New York Law School and Elon University. He's admitted to practice law in New York and New Jersey. He's a member of the American Immigration Lawyers Association, American Bar Association and the New York State Bar Association. Mr. Newbold has been listed in the 2015, 2016 and 2017 Super Lawyers rising star publication which recognizes New York City's top attorneys under the age of 40. Sam welcome to the show. Today's topic is covering H1-B applicants and visa holders who may want to learn more about the EB-5 program.Floyd Mitchell: [00:02:50] Sam can you tell us if individuals seeking a U.S. green card may file an EB-5 petition concurrently with a pending EB-2 or EB-3 application out to USCIS.Sam Newbold: [00:03:01] Sure we have a number of Indian clients who are here in the United States on H1-B and their employers have filed employment based green cards on their behalf. We call these EB-2 or EB-5 category green cards in contrast EB-5 for example. Indians are subject to a backlog in EB-2 and EB-3 similar to how Chinese are subject to a backlog any EB-5. Basically we only give out a certain number of visas globally and we cap also the number of visas we give out to specific countries every year as well. So because of the interest we have in Indian nationals wanting to emigrate for employment it's created a very long line in the EB-2 and EB-3 category for Indian nationals who are here in the United States on H1-B visas and they are here continuously on these H1-B visas employed with their employers while they're waiting for their green cards to come through. Meaning that they're waiting for their visa number to be current so that they can process and adjust their status from being an H1-B visa holder to a U.S. green card holder. So oftentimes what they do is, they'll come to us because they're hearing about EB-5 and there's no backlog for Indian nationals in the EB-5 category and they're looking to perhaps pursue you know an EB-5 investment as a way to ge...
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