Navigating the EB-5 Program: A Pathway to U.S. Permanent Residency for H-1B Visa Holders (Full Transcript)

Speaker 1: The EB-5 Immigrant Investor Program is one of the quickest and easiest ways to permanently relocate to the United States. All around the world, foreign nationals invest in qualifying EB-5 projects to gain U.S. green cards for themselves and their immediate family members. Not all of these investors participate in the program from abroad. A portion invests from within the United States, having already attained legal status under other visas such as the H-1B visa. The EB-5 program offers these immigrants a pathway to permanent residency in the United States. The H-1B visa is one of the most popular employment-based visas in the United States. Every year, 60,000 skilled foreign nationals come to the United States to contribute their knowledge and expertise to the U.S. economy. But the H-1B is only valid for a finite period, and many immigrants wish to relocate to the United States permanently. That's where the EB-5 program comes in. U.S. visas come in two varieties, non-immigrant and immigrant visas. Non-immigrant visas, such as student or tourist visas, require that the holder does not intend to stay in the United States permanently. However, some non-immigrant visas, such as the H-1B, allow for dual intent, which means an H-1B visa holder may adjust their status to an immigrant visa. H-1B visa holders looking for long-term residency in the United States may invest in a qualifying EB-5 project to obtain a U.S. green card. A pending EB-5 application does not grant an investor legal immigrant status in the United States. Those who invest in an EB-5 project domestically must ensure they maintain legal status until their I-526 petition is approved, and they may file Form I-485 to adjust their status. Foreign nationals may also file multiple applications simultaneously, which can provide investors with a backup plan or an opportunity to maintain legal status. To invest in an EB-5 project while already residing in the United States, an investor must be accredited. There are three ways to be an accredited investor. Earn at least $200,000 per year for the previous two years and anticipate a similar or higher amount this year. Earn in conjunction with your spouse at least $300,000 for the previous two years and anticipate a similar or higher amount this year. Or, have either individually or in conjunction with your spouse a net worth of at least $1 million excluding your primary residence. Best practice is for EB-5 investors to obtain a letter from their accountant or immigration lawyer confirming their status as an accredited investor. Then, all that's left is to invest in an EB-5 project. The minimum required investment amount is $1.8 million unless the project is in a targeted employment area, in which case it drops to $900,000. If the investor's I-526 petition is approved, they will be granted Conditional Permanent Residence status for two years. Within the last three months of the Conditional Permanent Residency period, the investor must subsequently file Form I-829 to demonstrate their investment has met all the requirements including creating a minimum of 10 jobs for U.S. workers. Upon I-829 approval, the investor receives U.S. Permanent Residence status. The EB-5 program can be complex, but it's an excellent option for H-1B holders looking for Permanent Residence status in the United States. Reach out to EB-5 Affiliate Network to learn more.