Can I Apply for EB-5 While on H1B?

Understanding the H1B Visa:

The H1B visa is a non-immigrant visa that allows foreign nationals to work in the United States for a specific employer in a specialized occupation. It is a temporary work visa and does not provide a direct pathway to permanent residency (a green card). H1B visa holders are typically sponsored by their employers, and the visa is subject to annual quotas.

The EB-5 Investor Visa:

The EB-5 investor visa is an immigrant visa program that grants lawful permanent residency to foreign nationals who invest a significant amount of capital in a new commercial enterprise that creates jobs for U.S. workers. This program offers a direct path to obtaining a green card for the investor, their spouse, and their unmarried children under 21 years old.

Can You Apply for EB-5 While on H1B?

Yes, it is possible to apply for an EB-5 visa while on an H1B visa. Both visa categories have their own separate eligibility criteria and application processes, and they are not mutually exclusive. Here are some key points to consider if you are on an H1B visa and want to pursue an EB-5 visa.

Dual Intent:

One advantage of the H1B visa is that it allows for “dual intent.” This means that an H1B visa holder can have the intent to live and work temporarily in the United States while also having the intent to apply for permanent residency. This aligns with the requirements of the EB-5 program, as it is an immigrant visa category.

Separate Processes:

Applying for an EB-5 visa does not impact your H1B status. The processes for obtaining an H1B visa and an EB-5 visa are separate and do not interfere with one another.

Investment Requirements:

To apply for the EB-5 visa, you will need to invest a substantial amount of capital in a new commercial enterprise in the United States. The minimum investment amount may vary depending on the location of the investment, but it is typically $1.8 million. However, if the investment is made in a targeted employment area (TEA), the minimum investment amount is reduced to $900,000.

Job Creation:

The primary purpose of the EB-5 program is to create jobs for U.S. workers. Your investment should lead to the creation of at least 10 full-time jobs for qualified U.S. workers within a specific period.

Legal Assistance:

It is highly recommended to seek legal guidance and assistance when applying for an EB-5 visa. The EB-5 application process can be complex, and an experienced immigration attorney can help you navigate it successfully.

Conclusion

If you are on an H1B visa and wish to apply for an EB-5 visa to obtain permanent residency in the United States, it is entirely possible. The H1B visa’s dual intent provision allows you to pursue both temporary work in the U.S. and long-term immigration goals. However, the EB-5 program has specific investment and job creation requirements that must be met. Consulting with an immigration attorney is advisable to ensure a smooth and successful application process. Remember that immigration laws and policies can change, so it’s essential to stay updated on the latest requirements and regulations.

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