How to Convert H1b to Eb5? Complete Process

If you are currently in the United States on an H-1B visa, you may apply for permanent residency under the EB-5 visa program. Foreign investors who want to set up shop in the United States may be eligible for an immigrant visa, known as the EB-5. Employers in the United States may sponsor foreign nationals for a non-immigrant work visa, known as an H-1B. You, your spouse, and your minor children may all become permanent U.S. residents if you switch from an H-1B visa to an EB-5 visa. Once you have applied for and been granted an EB-5 Visa as opposed to an H-1B Visa, you will be able to reside and work anywhere in the United States.

If your H1B visa status is still active, you may transition to an EB-5 visa. The change from an H1B visa to an EB5 visa necessitates a minimum investment amount. This funding is intended to provide and sustain employment opportunities for American workers.

The petitioner for converting an H1B Visa to an EB-5 Visa must also invest $1,000,000 into a new commercial enterprise and create at least 10 full–time jobs for U.S. workers.

How to Convert an H1B Visa to an EB-5 Visa?

To apply for an EB-5 visa via an H-1B visa, you must first retain your legal H-1B status. Second, submit to the USCIS Form I-526 (Immigration Petition by Alien Investor).

The following are the prerequisites for submitting I-526.

• A capital investment of $800,000 is needed for TEA enterprises and $1.05 million for non-TEA businesses.
• Your business plan must demonstrate your capacity to employ at least ten American citizens.
• Your legal acquisition of cash for investing must be demonstrated.

The acceptance of your H-1B Visa to EB-5 Visa application permits you to get a green card. First, submit Form I-485 to change your status to a conditional green card. Second, after two years as a conditional permanent resident, complete Form I-829 to become an unconditional green card holder. Third, after 5 years as an unconditional permanent resident, petition for naturalization as a US citizen.

Your previous petitions for permanent residence may still be handled alongside your EB-5 Visa application through H1B Visa.

How Long Does It Take to Get an EB-5 from an H1B Visa?

The duration of any visa application procedure is determined by the number of petitions received by USCIS each year, including those that are still seeking approval. On average, processing an EB-5 visa from an H-1B visa may take between 29.5 and 61 months.

As an H1B visa holder in the United States, you may submit the EB-5 application I-526 and the I-485 Adjustment of Status at the same time. This simultaneous submission of the I-526 and I-485 forms will result in the H1B holder receiving a Travel Document between 2 to 12 months, depending on the USCIS Service Center Processing Time.

Can H–1B holder apply green card in EB–5?

Yes, an H–1B holder can apply for a green card through the EB–5 visa program. The EB–5 visa program allows foreign investors to obtain a green card by investing in a new commercial enterprise in the United States. To qualify for the EB–5 visa, the H–1B holder must invest at least $1 million in the new commercial enterprise, create at least 10 full–time jobs for U.S. workers, and maintain an active role in the management of the enterprise.

What Is the Difference Between an H1B Visa and an EB-5 Visa?

The H-1B Visa remains a popular choice for international employees looking to relocate to the United States. Applying for an EB-5 Visa from an H-1B Visa removes variables like temporary status and work restrictions. You and your family may earn a green card by switching from an H-1B visa to an EB-5 visa.

The following are the six distinctions between the H-1B Visa and the EB-5 Visa.

• Work

An H-1B visa holder’s work possibilities in the United States are restricted. When the H-1B visa expires, the foreign worker must return to his or her native country. After getting the green card, an EB-5 Visa investor may live and work in the United States without the need for employer sponsorship.

• Politics

The EB-5 Visa is more widely recognized since it creates employment for American employees and helps the US economy. Some see the H-1B Visa as a danger to American domestic labor.

• Visa Prerequisites

The H-1B Visa and the EB-5 Visa have separate visa criteria. H-1B visas are more focused on work, while EB-5 visas are more focused on investment. The following visa criteria apply to the H1-B visa.

• A bachelor’s degree or above is required for the candidate.
• The candidate will be paid more than the job’s average compensation.
• The business is unable to recruit an American worker to fill the post.
• The following are the visa criteria for the EB-5 Visa.
• For a TEA company, the applicant must spend a minimum of $800,000, or $1.05 million, for a non-TEA firm.
• The applicant must create full-time jobs for at least ten Americans.
• If it is a direct investment, the applicant should operate the firm himself/herself.

• Family

Both the H-1B Visa and the EB-5 Visa let candidates to bring their wives and children to the United States.

The H-4 Visa allows the spouse of an H-1B visa holder to work in the United States under certain circumstances. Under the AC21 Act, H-4 Visa spouses were eligible for the Employment Authorization Document (EAD) if their spouse’s H-1B Visa status lasted longer than 6 months. If the H-4 Visa spouse’s I-140 was accepted, the EAD is valid (petition for a green card). The EB-5 Visa covers the applicant’s spouse and unmarried children under the age of 21. This implies they are all eligible for permanent residence.

• Annual Capacity

Every year, 85,000 H-1B visas are awarded. 20,000 of these applications are allocated to those having master’s degrees from colleges in the United States. The annual EB-5 visa allocation for each nation is 700.

• Duration and permanence

The EB-5 Visa is an immigrant visa that allows you to apply for a green card more quicker. They may then seek for citizenship and remain in the United States legally indefinitely.

How long does EB–5 visa take?

It can take around two years to obtain an EB–5 visa. The process begins with investing in a qualifying project and then submitting an immigration petition. Once the petition is approved, the investor will need to go through an interview process. If everything goes smoothly, the investor should receive their visa within a few months.

Can I work while waiting for EB–5?

If you have filed for an EB–5 visa, you may continue to work in the United States under your current visa status until a decision is made on your EB–5 application. Once your EB–5 visa is approved, you will be able to work in the United States as a permanent resident.