According to the Office of Immigration Statistics report, 410,195 people were admitted to the U.S. on H1B visas in 2022. If you’re one of them, you’re part of a group of skilled professionals contributing to America’s workforce. But like many H1B holders, you might dream of a more permanent future in the United States. That’s where the EB5 investor program comes in. It’s one of the fastest ways to get your U.S. green card.
This guide will show you how to leap from H1B to EB5 successfully. Let’s dive in and see if the H1B to EB5 transition is right for you.
Why Transitioning from H1B to EB5 Is a Smart Move
Switching from an H-1B visa to an EB-5 visa can be a game-changer for your American dream. Let’s explore why this move makes sense for many skilled workers.
Faster Path to Permanent Residency
H1B visa holders often face long waits for green cards, especially those from countries with high demand. However, the EB5 program can significantly speed up this process. Many investors get conditional green cards within two years of filing their petitions. This means you could be on the fast track to calling the U.S. your permanent home.
Avoid H1B Uncertainties
H1B visas come with their share of uncertainties. You can not qualify for lotteries. Visa caps limit opportunities, and changing policies can affect your status. The EB5 program bypasses these hurdles. Once you make the required investment and meet the criteria, your path to residency becomes more straightforward and more secure.
No Employer Sponsorship Required
Freedom from employer sponsorship is another big plus. H1B ties you to a specific job and employer. So it’s incredibly complicated if you want to switch careers or start your own business. But you’re in control with a green card via the EB5 program. You can work where you want, start a company, or even choose not to work. This flexibility will open up opportunities for your career and personal goals.
Long-Term Security and Broader Opportunities
You can only stay in the US for up to 6 years with an H1B visa. On the other hand, EB5 leads directly to permanent residency. This means you won’t have to worry about visa renewals or maintaining employment to stay in the country. You can also:
- Buy a home
- Invest in your community
- Build lasting relationships
All without the fear of needing to leave the U.S.
Enjoy Your Family Benefits
The EB5 program also extends valuable benefits to your family. Your spouse can work without needing a separate work permit. They can pursue their own career goals freely. Your children can access in-state tuition rates at public universities. This makes access to quality education more affordable. These are just a few family benefits you can enjoy with a U.S. green card.
What is the EB-5 Immigrant Investor Program
The EB5 program offers a path to permanent residency for foreign investors. Here’s what you need to know:
EB-5 Visa Program Requirements:
- Make an “at-risk” investment in a U.S. business
- Create or preserve ten full-time jobs for American workers
- Participate in the management of the business
Investment amounts vary based on the location of your EB-5 project:
- $800,000 for investments in rural or high-unemployment areas (Targeted Employment Areas)
- $1,050,000 for investments in other areas
Job creation is critical. You must show that your investment will create or maintain ten full-time jobs for U.S. workers within two years. These jobs can be direct (in your business) or indirect (in related companies).
How the I-526 Immigrant Petition Plays a Critical Role
The I-526 petition is your first significant filing with USCIS for the EB5 visa. Let’s break it down.
What Is the I-526 For?
Form I-526 is your official request for EB5 classification. USCIS uses this to verify your eligibility. The I-526 petition shows USCIS that:
- You’ve made or are actively making the required investment
- Your investment funds come from legal sources
- Your business plan will create the necessary jobs
Getting your I-526 approved is a significant milestone. This means that USCIS agrees that you meet the basic EB5 requirements. After approval, you can move forward with getting your conditional green card.
Key Components of the I-526 Petition
Your I-526 petition must include:
- Proof of investment (bank statements, wire transfers)
- Evidence of the investment’s source (tax returns, loan documents)
- Detailed business plan
- Economic impact analysis
- Project documents (if investing through a regional center)
Strategies for a Strong I-526 Filing
Filing a strong I-526 petition increases your chances of approval. Here’s how to make your petition stand out:
- Document everything meticulously. Provide clear, organized evidence for every aspect of your investment and its source.
- Study the business plan. The plan should be realistic and detailed. It should show how you’ll create jobs and use your investment funds.
- Work with EB5 immigration lawyers. They know what USCIS looks for and can help you avoid common pitfalls.
- Double-check everything. Minor errors can lead to delays or even denials. Review your petition carefully before submitting it.
- Respond promptly to any USCIS requests. If they ask for more information, provide it quickly and thoroughly.
What Happens if You Have Previously Filed an I-485 Application
If you’ve already filed an I-485 based on your H1B, you can keep it active while pursuing EB5. This strategy will give you a safety net. Your existing I-485 continues to process while you work on your EB5 petition. You don’t lose your place in line for your original green card category.
Options for New I-485 Filing or Interfiling
Once your I-526 is approved, you have choices:
- File a new I-485. You can submit a fresh I-485 based on your EB5 petition. This might be faster if your original I-485 is in a long queue.
- Interfile. You can ask USCIS to consider your EB5 eligibility with your existing I-485. This process can save you time and money because you don’t need to file a whole new application.
Your decision depends on factors like processing times and your specific situation. An experienced immigration attorney can help you choose the best option.
Note: Your existing Employment Authorization Document (EAD) and Advance Parole (AP) remain valid. These documents come from your pending I-485. They don’t change when you start your EB5 process.
How To Manage Multiple Pending Applications
Managing multiple pending applications requires organization and attention to detail. Here’s how to handle it:
- Keep separate files for each application
- Track deadlines and processing times for both
- Respond promptly to any USCIS requests for either application
Remember: Be consistent with information across all applications. And disclose your EB5 petition to USCIS concerning your existing I-485
Stay proactive. Check application statuses regularly. Update USCIS if your contact information changes. Be prepared to make quick decisions if one application moves faster than expected. Managing multiple applications can be complex, but it gives you more options for obtaining your green card.
Moving from Nonimmigrant Visa Type to EB-5 Investor Status
Moving from H1B to EB5 involves several key steps:
- Research EB5 projects and regional centers
- Choose an investment opportunity
- Gather funds and document your source
- Make the investment
- File Form I-526 petition
After that, you must wait for your I-526 approval. Then, file I-485 or process through a U.S. consulate. This will help you receive your conditional green card. After two years, you can file an I-829 to remove conditions.
Note: Throughout this process, it’s essential to maintain valid H1B status. And keep detailed records of all transactions and communications.
Maintaining Valid Nonimmigrant Status During the Process
Your H1B allows you to stay and work in the U.S. while your EB5 application processes. Continue working for your H1B sponsor as usual. Don’t quit your job just because you’ve filed for EB5. Renew your H1B on time if it’s expiring soon.
If you travel, ensure your H1B visa stamp is still valid for re-entry. Remember, your EB5 application doesn’t give you any immigration status. Your H1B keeps you in legal status until you get your EB5 visa or green card.
Accelerate Your H1B to EB5 Transition with Austin EB5
Transitioning from H1B to EB5 can fast-track your path to permanent residency. By making a qualifying investment and creating jobs, you can bypass the uncertainties of the H1B program. Remember to maintain your current status while applying for the EB5 program.
At Austin EB5, we help H1B holders through their EB5 journey. Our team of experts guides you in choosing the right investment opportunity. Schedule a consultation to discuss how we can help.
H1B to EB-5 Visa Transition FAQs
Can an H-1B visa holder transition to an EB-5 visa?
Yes, an H-1B visa holder can transition to an EB-5 visa by investing in an EB-5 project that meets the program’s requirements.
What is the minimum investment required for the EB-5 program?
A: The minimum investment amount is typically $1 million or $500,000 if the investment is made in a targeted employment area (TEA).
What are the job creation requirements for the EB-5 investment?
The EB-5 investment must create or preserve at least ten permanent full-time jobs for qualifying U.S. workers within two years of the investor’s adjustment of status.
How does an H-1B holder apply for an EB-5 green card?
The H-1B holder must file an EB-5 petition (Form I-526) with U.S. Citizenship and Immigration Services, demonstrating eligibility through the investment and job creation requirements.
Can I include my spouse and unmarried children in my EB-5 application?
Yes, the EB-5 application allows for including spouses and unmarried children as derivative beneficiaries who can also receive green cards.
What happens to my H-1B status while my EB-5 application is pending?
Your H-1B status remains valid while your EB-5 application is being processed. As a work visa holder, you can continue to live and work in the U.S.
Can I invest in an EB-5 regional center project as part of my application?
Yes, investing in an EB-5 regional center project is a popular option.
What is the Form I-485 concerning the EB-5 application process?
It is the application to register for permanent residence or adjust status. It is filed after the EB-5 petition is approved, allowing the applicant to change their status to that of a permanent resident.
What are the sources of funds requirements for the EB-5 program?
Applicants must demonstrate that the funds used for the EB-5 investment come from a lawful source. This can be personal savings, business income, or other legitimate means.
