For a plethora of skilled professionals in the U.S., the option, process, and method of getting from an H1-B visa to an EB-5 green card is proving to be one of the most attractive immigration options available at this time. While the H1-B visa has been a great option for foreign skilled workers, the restrictions of the visa tend to leave individuals and families wanting. However, due to the EB-5 Reform and Integrity Act of 2022, an individual may find the pathway from H-1B visa to green card through investment easier than before.
This guide will cover the advantages, process, and all you need to know if you are looking to change from an H1 visa to a green card through the EB-5 program.
Why Transition from an H1-B Visa to an EB-5 Green Card?
The H1-B visa allows you to work temporarily in the United States, but it comes with lots of limitations:
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You are dependent on a sponsoring employer and the particular job position.
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If you want to switch jobs, it requires a new application and approval.
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The H1-B visa must be renewed, often creating anxiety.
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Citizens of China and India experience backlogs in acquiring a green card in the employment-based category, which may be decades long.
The EB-5 Immigrant Investor Program allows a foreign national and their family to obtain a conditional green card simply by investing in the United States economy. By investing $800,000 in a TEA (Target Employment Area) or $1,050,000 in a non-TEA area, you are in a position to achieve permanent residency status much more rapidly.
How the EB-5 Reform and Integrity Act Changes the Game
The EB-5 Reform and Integrity Act passed in March of 2022 saw the introduction of concurrent filing, a key benefit for holders of an H1-B visa.
What Is Concurrent Filing?
Concurrent filing is a procedure whereby Form I-485 (Adjustment of Status) and Form I-526E (EB-5 Petition) are submitted simultaneously. Before this, the adjustment of status would take place after approval of the I-526E.
Benefits for H1-B Visa Holders
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You may stay in the U.S. while your EB-5 application is pending.
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You will gain work authorization (EAD) and permission to travel (Advance Parole) in approximately 8-10 months.
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You can start benefiting from the EB-5 green card accelerated pathway even before the final approval.
Thus, for those stuck in a lengthy employment-based backlog, this is the fastest way through EB-5 from H1B to green card.
Advantages of Moving from H1 Visa to Green Card via EB-5
1. No Job Restrictions
An H1-B visa ties your employment to the sponsoring employer, leaving you little or no room to chart your career path. Changing employers has to be precipitated by a new filing, which may pose a risk.
EB-5 Conditional Green Card, however:
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Employer sponsorship is not necessary.
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The holder could work for any company in any field or even start a new company.
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There is no requirement to show a shortage of U.S. workers for the given employment.
Thus, this freedom is paramount, especially for those professionals willing to scale without constraints posed by immigration.
2. Work Authorization for Family Members
In general, the H1-B visa permits only the principal holder to work, with many restrictions faced by the spouse. On the other hand, moving from the H1B to a green card through EB-5 means:
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Even spouses and children under 21 get green cards.
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In fact, family members can work or study anywhere in the U.S. without restrictions.
3. Better Salary and Negotiating Power
Underpayment is what many of the H-1B cases experience because in some manner their immigration status restricts their freedom to change jobs. Once they are trained, the employer knows they cannot change jobs very easily.
With an EB-5 green card:
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You may work for another employer.
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You can expect better pay without thinking of needing to be sponsored.
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You can look for jobs according to your own objectives rather than being limited by visa constraints.
4. Easier International Travel
Any travel on an H1-B visa shall require highly complicated documentation and visa stamping.
Once the green card is converted from the H1 visa:
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International travel becomes much easier with less stress.
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One might eventually apply for U.S. citizenship and a U.S. passport once having become a permanent resident.
The Process: From H1-B Visa to an EB-5 Green Card
Having joined the transition job, the steps include:
Determine eligibility and investment amount.
Minimum investment is $800,000 if investing in a TEA (Targeted Employment Area) or $1,050,000 in any other.
Choose a Process for an EB-5
Go for a USCIS-approved project via a regional center or direct investment.
File Form I-526E
This petition establishes your investment and your eligibility under the EB-5 program.
Concurrent Filing of Form I-485
Because of the new law, you may file for adjustment of status concurrently with your I-526E so long as your priority date is current.
Receive EAD and Advance Parole
Work and travel authorization should be granted within 8-10 months.
Receive a Conditional Green Card
Following approval, you will be provided with a two-year conditional green card.
Remove Conditions
In two years' time, you prove that 10 U.S. jobs were created by your investment and file for removal of conditions for permanent residence.
Who Should Consider EB-5?
The EB-5 option is good for:
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H1-B holders facing green card backlogs.
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Professionals who want to have their job flexibility and independence.
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Families who want educational and work opportunities for spouses and children.
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Investors with pocket money who want to fast-track U.S. permanent residency.
Conclusion
For professionals and families hoping for stability, flexibility, and long-term security, transitioning from an H1-B to an EB-5 green card presents an awe-inspiring opportunity. This life transition has been raised to a new height with reforms brought in by the EB-5 Reform and Integrity Act of 2022, mainly with the addition of concurrent filing, lessening uncertainty, and hastening work and travel authorizations.
Green Card Fund will help provide any assistance you might need to ask about options and get started with your H1-B to EB-5 green card transition. Our team of experts will provide all the support needed to make you comfortable and assured in attaining success throughout the process.
