Can H1-B Visa Holders Change to EB-5 Visa?

September 24th, 2017 Colin Behring

Yes. H1-B Visa holders can change to EB-5.

Frequently asked questions about H1-B Holders who want to change to EB-5:

I have an H1-B Visa, Can I apply for EB-5 visa and not lose my H1-B?

YES! You may apply for EB-5 while holding an H1-B visa. H1-B allows for what USCIS refers to as “Dual Intent” and allows for the investor to pursue dual tracks to permanent residency through the E2 or EB-5 category for H1-B holders. Behring and the Berkeley Regional Center have serviced multiple clients looking to transfer from their H1-B status and make an EB-5 investment. Having an H1-B visa also provides the additional benefit of allowing the  EB-5 Investor to remain in the United States during the EB-5 petition approval period.


Do I have to give up my H1-B Visa when I apply for EB-5?

No, not at first. Only After your EB-5 is approved and your I-485 is approved, you would then give up your H1-B. At that point, your EB-5 visa has already been approved.


Is EB-5 faster than my H1-B to get a Green Card?

It depends on your birth country. If you are from China, EB-5 and H1-B both have backlogs or retrogression. Today, Indian investors would find that EB-5 is much faster than using H1-B.



Consent Preferences