How to Switch from H-1B to EB-5
Since its inception in 1990, the H-1B visa has long been one of the most popular immigration programs for skilled foreign professionals with a college degree looking to live and work in the United States. Sponsored by U.S. employers, popular jobs for H1-B visa holders include roles in medicine, engineering, software development, and science.
Despite its popularity, the process hasn’t always been easy. Critics of the program argue that it’s confusing, suppresses wages, and can lead to the exploitation of foreign workers. Adding to this are ongoing concerns about program abuse, the quality of the workforce, and the unpredictability of the lottery system.
Ultimately, it’s a temporary visa with extensive limitations and creates uncertainty about long-term stability. As a result, more foreign professionals are looking for a permanent solution that offers a pathway to citizenship.
For graduates and international investors with the financial capital to make the minimum $800,000 investment, the EB-5 Immigrant Investor Program can be a logical option for those looking to move permanently to the United States.
EB-5 is an attractive option because it offers a direct route to a green card, no employer sponsorship is needed, and it provides an expedited path toward U.S. citizenship. Here are four key reasons why international students have been making the switch:
Permanent Residency
The main drawback of an H-1B visa is that it lasts up to three years, and can only be renewed for another three years, for a total of six years maximum. By comparison, the EB-5 visa provides permanent residency. Applicants start with a two-year conditional green card and transition to permanent residency if all EB-5 requirements have been met.
After investing a minimum of $800,000 in a qualifying new commercial enterprise and showing proof that the immigrant investor’s investment capital created 10 new U.S. permanent jobs, an EB-5 visa holder can file for their I-829 petition to remove the conditions of their residency. Processing times will vary depending on the investor’s country of origin. However, concurrent filing (submitting an I-526E and I-485 application simultaneously) and the introduction of reserved visas (visas that are set aside for projects in high-unemployment areas, rural or infrastructure projects) means an EB-5 visa could be processed faster than a H-1B application.
No Employer Sponsorship Required
One of the challenges of an H-1B visa is that applicants are required to have an employer sponsor them. The visa is then tied to that specific employer, which can limit job opportunities and career development. For example, if you lose your job, your visa is at risk. Additionally, H-1B visa holders can’t change industries or companies.
EB-5 investors enjoy the freedom to live and work anywhere in the U.S. There’s no need for sponsorship and no restrictions on where or what company you work for. You can start your own business, freelance, or pursue any career path you choose.
Work and Travel Authorization
H-1B visa holders are generally required to live and work in the same state where their sponsorship employer operates. On the other hand, EB-5 visa holders don’t have those same restrictions. They can work, study, and travel throughout the country as a U.S. resident and can travel in and out of the country without jeopardizing their immigration status.
Competition and Cost Increases
There is an enormous amount of competition for H-1B visas. Every year, hundreds of thousands apply and only a small fraction of foreign workers are selected. The current annual limit for H-1B visas is 65,000 for the general pool and an additional 20,000 for those with a master’s degree or higher from a U.S. institution. Adding to the challenge is President Trump’s recent executive order to increase the price of H-1B to $100,000 for any new applicants going forward.
Understanding the EB-5 Immigrant Investor Program
If you’re interested in pursuing an EB-5 visa versus an H-1B, it’s important to understand the program requirements.
The EB-5 program offers U.S. residency through investment with a required minimum investment of $800,000 for targeted employment areas (TEA), meaning projects based in rural or high-unemployment areas or $1,050,000 for non-TEA areas. Investors can choose between a direct investment into a new commercial enterprise (NCE) or working with a Regional Center, which can pool multiple investors’ capital together for a larger economic impact.
That investment must lead to the creation of at least 10 full-time jobs per immigrant investor. Most EB-5 investors choose to work with a Regional Center as it allows for a more “hands-off” approach to investment management. Regional Center investors also benefit from being able to count indirect and induced jobs towards the job creation requirement, reducing the overall burden on the investor.
Can H-1B Visa Holders Apply for an EB-5 Visa?
Absolutely. The U.S. allows “dual intent,” meaning you can hold a non-immigrant visa like the H-1B while applying for a green card through the EB-5 program. Individuals with a valid H-1B visa can submit multiple applications to the U.S. Citizenship and Immigration Services (USCIS).
Filing an EB-5 petition won’t affect your existing H-1B status. If your EB-5 application is denied, you can continue living and working under your current visa with no penalty.
How to Transition from H-1B to EB-5
First, it’s strongly recommended to work with an experienced EB-5 immigration attorney to help navigate the process and ensure your application is handled correctly.
H1-B visa holders who want to transition must also qualify as “accredited investors,” meaning you earn at least $200,000 annually (or $300,000 jointly with a spouse) for the past two years, with the same expected income from the current year or you must have a net worth of more than $1,000,000, excluding your primary residence.
Using Concurrent Filing to Go From an H-1B to an EB-5 Visa Holder
Since the implementation of the Reform and Integrity Act of 2022 (RIA), the switch from H-1B to EB-5 has become much smoother. H1-B visa holders can apply for adjustment of status simultaneously with their I-526E investor petition. H1-B visa holders can continue living and working in the U.S. as they wait for their I-526E to get approved.
For many H-1B professionals, this reform has removed the biggest hurdle to making the switch – uncertainty. It means you can move forward confidently, knowing your future in the U.S. doesn’t hinge on your employer or the next lottery season.
Conclusion
With concurrent filing, reserved visa categories, and likely faster processing, the EB-5 pathway offers a real solution for those ready to move from temporary status to permanent residency.
If you’re considering the switch, speak with an EB-5 immigration attorney and find a Regional Center that can evaluate your eligibility and guide you through the process. Taking this step could be your key to lasting stability and a permanent home in the United States.
