One way to become a permanent US resident is to switch from an H-1B visa to an EB-5 visa. Foreign nationals seeking employment in the United States are granted the non-immigrant H-1B visa. It is possible to obtain green cards for you, your spouse, and any children you may have by transferring your H-1B visa to an EB-5 visa.
After you apply for and receive an EB-5 Visa through H-1B Visa, you are free to live and work wherever in the United States. In order to apply for an EB-5 visa, you must first have a valid H-1B visa. To change your visa from h1b to eb-5 visa, you must make an investment. American citizens should be able to find and keep employment as a result of this investment.
What are the Differences Between H1B and EB-5 Visa?
For international workers interested in going to the US, the H-1B Visa remains a popular choice. The H-1B visa’s temporary status and employment restrictions are removed when applying for an EB-5 visa. You and your family can apply for permanent residency by switching from an H-1B visa to an EB-5 visa. The six main distinctions between the EB-5 Visa and the H-1B Visa are as follows.
- Work:
Employment opportunities in the United States for those with an H-1B Visa are restricted. When the H-1B worker’s status expires, they are required to return to their home country. Once they get their green card, investors on the EB-5 Visa can live and work anywhere in the United States—no employer sponsorship necessary.
- Visa Requirements:
Different documents are needed for an EB-5 visa and an H-1B visa. Employment is the primary goal of the H-1B program, whereas investment is the primary goal of the EB-5 program. To apply for an H1-B visa, you must meet certain standards.
- A bachelor’s degree is required or above for the applicant.
- The candidate’s pay will be greater than the market rate for the position.
- No American worker has been able to be found to fill the post by the company.
To apply for an EB-5 visa, you must meet certain standards.
- A TEA business requires an applicant to put down at least $800,000, while a non-TEA business requires $1.05 million.
- It is expected that the applicant will create full-time jobs for a minimum of ten Americans.
- In the case of a direct investment, the candidate must personally oversee the operation of the firm.
- Permanence and Duration:
One immigration option that can shorten the time it takes to apply for a green card is the EB-5 Visa. After that, they will be able to petition for citizenship and remain in the US legally forever. A non-immigrant visa with a limited validity period is the H-1B Visa. It is necessary for the holder to return to their native country after their H-1B status expires. Transforming your H-1B visa into a green card is possible through the EB-5 Visa Program.
Converting an H-1B to EB-5 Visa Process:
Once you’ve found a suitable EB-5 investment project, the three-step application process can begin:
- Filing the I-526 petition and investing the necessary funds
- Submitting Form I-485, which guarantees you a temporary resident status
- To eliminate the conditions associated with your residence status, you must file the I-829 petition after two years have passed.
At first glance, this procedure appears to be straightforward; yet, extensive supporting evidence is actually required for each petition. To lessen the likelihood of a petition rejection or delay, EB-5 investors should consult with an immigration law firm.
