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

Can I Apply for EB-5 If I Have an H1-B Visa?


The H1-B visa allows dual intent, which allows you to simultaneously process the multiple petitions at once. This can be done while you are working in the US, so long as your H1-B remains in status while your EB-5 application is processing.

You do not have to give up your H1-B visa (or a pending E2 Green Card petition) in order to file for the EB-5 investment program.

All H1-B visa holders need to do is maintain their status until the I-526 petition is approved and you successfully file the I-485 change of status.

We at Behring Companies can help you with the process of converting an H1-B visa to an EB-5 to ensure you avoid any accidental conflicts.

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