Can I apply for EB-5 if I have an H-1B visa?
- Who is eligible to receive immigration benefits from my EB-5 investment?
- Can I include my family members on my EB-5 visa petition?
- Can adopted children immigrate with me on EB-5?
- Why was the EB-5 Investor Visa Program created?
- What are the EB-5 Investment Requirements?
- Who Can Apply for the EB-5 Investor Program?
- What are EB-5 Eligible Countries?
- What Are the Benefits of the EB-5 Visa Investor Program?
- Is EB-5 a passive investment?
- How many EB5 visas can the US government issue each year?
- Are there any nationality restrictions for EB-5 applicants?
- Can I travel outside the US for extended periods after I get my green card?
- Do I require Tax returns & other financial documentation for EB5 filing?
- When can I apply for US citizenship?
- How long must I remain in the U.S. each year?
- What is a Reentry Permit? (USCIS Guide Download)
- I am a Green Card Holder, Do I need a Re-Entry Permit?
- Re-Entry Permit Process Timeline
- Expedited Processing for Re-Entry Permit
- USCIS requires EB-5 investments to be “at-risk”, so how do your projects have guarantees?
- May two or more investors qualify for immigration based upon a pooled investment in a single business?
- What is the USCIS background check?
- What Can Disqualify an Investor from Participating in the EB-5 Program?
- Can I use a loan for EB-5?
- What documents need to be translated when filing the I-526 petition?
- Can I Use a Gift for EB-5?
- Can I Use 401(k) funds for EB-5 investment?
- I don’t have $800K in cash. What are my options?
- What is the Source of Funds Report?
- 5 Things EB-5 Investors Can Do Preparing for Their Source of Funds Report
Can I apply for EB-5 if I have an H-1B visa?
Yes.
The H-1B visa is a dual intent visa, which allows you to apply for an immigrant visa while on a non-immigrant visa. You may continue to live and work in the U.S. so long as the H-1B visa remains in status as you wait for the EB-5 visa to be approved.
In fact, many H-1B workers apply for EB-5 because the EB-2 and EB-3 visa backlogs are too long.
You do not have to give up your H-1B visa (or pending EB-2/EB-3 petition) to file for the EB-5 investment program. Once the I-526 petition is approved, you can apply for EAD/AP when you file Form I-485 to adjust your status.
Many of our investors are currently on H-1B visa.