Transitioning from H-1B to EB-5 Visa: A Path to U.S. Permanent Residency (Full Transcript)

Speaker 1: Why EB-5 is a natural next step for H-1B visa holders? Changing the status from an H-1B visa to an EB-5 visa provides a path to permanent residence in the United States. Under the new Reform and Integrity Act of 2022, a person on an H-1B who is physically present in the United States can file for an EB-5 along with adjustments of status which allows them to get work and travel authorization usually between 3 to 6 months. How to change from H-1B visa to EB-5 visa? The H-1B visa to EB-5 visa application approval allows to get a green card. 1. To apply for the EB-5 visa from H-1B visa, first, applicants must maintain the valid H-1B status. 2. File Form I-526, Immigration Petition by LN Investor, to the USCIS. 3. Applicants need to file Form I-485 to adjust the status to have a conditional green card. 4. File Form I-829 after two years as a conditional permanent resident to become an unconditional green card holder. 5. Apply for naturalization as a U.S. citizen after five years as an unconditional permanent resident. An H-1B visa worker living in the United States can concurrently file the EB-5 application I-526 and I-485, adjustment of status. This concurrent filing of I-526 form and I-485 form will get the H-1B holder a travel document within two to 12 months, depending on the USCIS Service Center processing times. What are the differences between H-1B and EB-5 visa? The H-1B visa is a non-immigrant visa with limited validity. Once the H-1B status has expired, the holder will need to move back to his or her home country. The EB-5 visa program is an immigrant visa that provides a way to transition from H-1B to green card. These are some of the differences. 1. Work. An H-1B visa holder is limited in his or her employment options in the U.S. Once the H-1B status is no longer valid, the foreigner worker will have to return to his or her home country. An EB-5 visa investor, upon receiving the green card, can stay and work anywhere in the U.S. without employer sponsorship. 2. Visa requirements. Visa requirements for the H-1B visa and the EB-5 visa are different. H-1B is geared more towards employment, while EB-5 is focused more on investment. 3. Family. Both the H-1B visa and EB-5 visa allow applicants to bring their spouses and children with them to the U.S. The spouse of the H-1B visa holder can work in the U.S. under limited conditions with the H-4 visa. The EB-5 visa covers the applicant's spouse and unmarried children under the age of 21. This means that they are all eligible for green card status. 4. Permanence and duration. The EB-5 visa is an immigrant visa that pays for a foster green card application. They can then apply for citizenship and can lawfully stay in the U.S. indefinitely. In conclusion, the EB-5 investor program is a good option now for workers who are still in valid non-immigrant status. Please join our other videos for more information.