Can I apply for EB-5 if I have an H-1B visa?


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 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 the Form I-485 to adjust your status.


Many of our investors are currently on H-1B visa. Contact Behring to learn how you, too, can apply for EB-5 while on H-1B status.

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