For many foreign professionals, the H-1B visa is a common pathway to U.S. permanent residency, contingent upon maintaining qualifying employment and having an employer willing to sponsor an Immigrant Visa petition, often through the EB-2 category. However, for individuals from countries with high demand for EB-2 visas, such as India and China, this process can be long, burdensome, and uncertain. A major concern is the potential for children to “age out” by turning 21 during the waiting period, which would make them ineligible for a green card through their parent’s application.
In contrast, the EB-5 visa provides a faster, more predictable route to permanent residency. It offers several advantages, including no employment restrictions and protection for dependent children from aging out. While H-1B visas are typically issued for an initial period of three years with possible extensions up to six years, they require ongoing renewals and employment sponsorship. Often, H-1B holders must leave the U.S. to renew their visa.
Converting from an H-1B to an EB-5 visa offers a more flexible solution. By investing in job-creating projects in the U.S. that stimulate local economies, H-1B holders can qualify for the EB-5 program, securing permanent residency without being tied to an employer. This transition also alleviates concerns related to job loss or retirement, as the EB-5 visa is not dependent on continued employment.
Here’s what you need to know about converting your H-1B visa to an EB-5 visa.
Overview of Visa Categories
For individuals looking to work and live in the U.S. long-term, two common visa options are the H-1B and EB-5 visas. The H-1B visa is designed for professionals with specialized skills, exceptional merit, or specific educational qualifications. While it allows individuals to work in the U.S., the process of obtaining permanent residency or citizenship through an H-1B can be lengthy, with multiple steps and requirements that often extend over many years.
In contrast, the EB-5 visa provides a more direct path to obtaining a green card. Unlike the H-1B, the EB-5 visa is not tied to employment, allowing holders to stay in the U.S. without the need for ongoing job sponsorship. Through an investment in a U.S. business that creates jobs, EB-5 applicants and their immediate family members, including children, can secure permanent residency more quickly.
Anyone with an H-1B visa or whose H-1B visa is set to expire can consider transitioning to an EB-5 visa. The EB-5 investor can lock in the age of their children at the time of filing while securing a faster, more direct path to permanent residency.
Understanding the H-1B Visa
The H-1B visa is a nonimmigrant classification designed for individuals seeking to perform one of three categories of work but most commonly, the H-1B visa is for a specialty occupation.
To qualify for an H-1B visa, applicants must typically meet stringent educational or licensing requirements. Changing employers while under H-1B status requires the submission of a new Form I-129 petition.
H-1B visas are initially granted for three years, with the possibility of one extension for a total stay of up to six years. However, this visa does not provide a direct pathway to long-term U.S. residency or citizenship. After six years, H-1B holders must leave the U.S. and re-enter under a new H-1B visa, if selected again in the annual lottery.
The annual H-1B visa cap is set at 65,000 visas per year, commonly referred to as the “regular cap.” An additional 20,000 visas are reserved for individuals who hold a U.S. master’s degree or higher, known as the advanced degree exemption. This exemption applies until the number of beneficiaries in this category exceeds 20,000.
The electronic registration system used during the H-1B application process helps determine whether an applicant is subject to the regular cap or eligible for the advanced degree exemption. Despite these exemptions, the demand for H-1B visas far exceeds the supply. For instance, nearly 500,000 applications were submitted for 2025, but fewer than a quarter of these were selected for review in the lottery. Out of those selected, only 85,000 visas will be issued.
For H-1B holders from high-demand countries such as India and China, the road to permanent residency can be particularly exhausting due to long green card backlogs. This delay not only affects their future residency but also poses risks for their dependent family members, making alternative visa categories like the EB-5 an appealing option
The EB-5 Visa as a Faster Alternative
The EB-5 visa is a pathway to permanent residency for investors and their spouses and unmarried children under 21 who use the EB-5 immigrant investor program. It offers a permanent residence card (“green card”) to applicants and eligible family members when they invest in enterprises that create jobs in the U.S.
To qualify, investors must directly or indirectly invest in enterprises that create at least ten full-time jobs for U.S. workers that last for at least two years. The minimum investment is $1,050,000 but can be as low as $800,000 if the investment is in a targeted employment area (TEA).
A TEA is either a rural area or a location where the unemployment rate is 150% of the national average, also known as the High Unemployment Area (HUA). TEA, whether rural or urban HUA, qualifies EB-5 investors for the reserved EB-5 visa.
After two years of conditional residency, you can apply to have restrictions on your residency removed. The EB-5 visa option is, therefore, ideal for individuals who want to establish a long-term home in the U.S.
Steps to Convert From H-1B to EB-5
If you are currently in the U.S. on an H-1B visa, converting to an EB-5 visa could provide a faster and more secure path to permanent residency. Here’s a step-by-step guide to help you navigate the process:
Step 1: Assess Your Eligibility
There are three main criteria to be eligible for the EB-5 visa program:
- Investment Requirement: You must be able to invest either $1,050,000 or $800,000 if the project is located in a Targeted Employment Area (TEA)—typically a rural or an urban HUA project.
- For-Profit Enterprise: The investment must be in a U.S. entity that operates as a for-profit business.
- Job Creation: Your investment must create at least 10 full-time permanent jobs for U.S. workers, .
Consider investing through a regional center, such as Behring Regional Center, which provides flexibility by pooling investments and focusing on job creation without requiring direct involvement in the day-to-day operations of the business.
Most importantly, you must also meet accredited investor requirements.
To participate in most EB-5 investment opportunities, you must qualify as an accredited investor. This requires meeting at least one of the following financial criteria:
- Net Worth: A global net worth of at least $1 million, excluding the value of your primary residence.
- Annual Income: An individual income of at least $200,000 pre-tax for the past two years (or $300,000 pre-tax for joint income with a spouse), with a reasonable expectation of continuing this level of income.
- Securities Licenses: Holding a Series 65, Series 7, or Series 82 securities license also qualifies you as an accredited investor.
Given that EB-5 investments come with inherent financial risks, it’s essential to evaluate your overall financial readiness and ensure that this type of investment aligns with your long-term goals. Consulting with a financial advisor can be a helpful step in this process.
Step 2: Choose the Right Regional Center and EB-5 Project
The EB-5 visa program requires investors to support new commercial enterprises that create at least ten full-time jobs for U.S. workers. One of the most efficient ways to meet this requirement is by investing through a regional center, which is pre-approved by the U.S. government for EB-5 participation. Regional centers like Behring Regional Center generate both direct and indirect jobs, making it easier to fulfill the program’s job creation mandate.
Behring Regional Center stands out as a leading option due to its proven track record and 100% USCIS approval history across all final adjudicated applications. Specializing in multifamily apartment and mixed-use developments in the San Francisco Bay Area and Silicon Valley, Behring offers investors projects with guaranteed job creation and construction completion, reducing the risks involved in the EB-5 process.
Key Benefits for EB-5 Investors:
- Lower Minimum Investment: Behring’s projects are located in Targeted Employment Areas (TEAs), allowing for a reduced minimum investment of $800,000 instead of $1,050,000.
- Guaranteed Job Creation: Behring provides job creation guarantees secured by construction completion guarantees across all of its EB-5 projects.
- Custom Investment Options: Behring offers flexible investment options, including equity and debt-style investments, to fit different financial needs.
- Installment Payment Plans: Investors can benefit from Behring’s installment payment options, making it easier to meet financial requirements over time.
- Financing Options: Behring can help qualified investors obtain financing of up to $300,000 for their EB-5 investment.
Behring’s combination of experience, transparency, and innovative solutions makes it a top choice for EB-5 investors looking for security and flexibility.
Investors can get started by scheduling a free call with Behring’s Team of EB-5 experts to get more information on Behring Regional Center and its latest EB-5 project offerings.
Step 3: Gather Required Documentation
To apply for the EB-5 visa, you’ll need to provide thorough documentation of your investment funds. This includes preparing a Source of Funds (SOF) report, typically with the assistance of an independent EB-5 law firm. The USCIS mandates that all funds must come from lawful sources, and comprehensive documentation is required to prove their legitimacy.
Your investment funds can originate from various sources, including funds earned inside or outside of the U.S., sale of stocks, gifts, loans, or retirement accounts. Additionally, some EB-5 projects, such as those offered by Behring Regional Center, provide the option to invest through installment payments, allowing for greater flexibility.
For H-1B visa holders converting to EB-5, you’ll also need to include relevant documentation related to your H-1B status as part of your application.
Properly preparing this documentation is essential to the success of your EB-5 petition, so working with legal experts is highly recommended to ensure compliance with USCIS requirements.
Step 4: Engage With an EB-5 Immigration Attorney
Choosing the right EB-5 immigration attorney is crucial to the success of your application. The EB-5 process is complex, involving both financial and legal commitments, and a specialized attorney will guide you through the intricate requirements and ensure that your petition is correctly filed.
Here are key factors to consider when selecting an EB-5 immigration attorney:
- Expertise in EB-5 Law: Look for attorneys who have a proven track record of handling EB-5 cases. Their experience with the program’s specific regulations will help ensure that your application, including the documentation of your investment funds and job creation plan, is thorough and compliant with USCIS requirements.
- Understanding of Investment Documentation: The source of funds report is a critical component of your application. An experienced EB-5 attorney will be well-versed in how to gather and present the necessary documentation to demonstrate the lawful source of your investment, whether it comes from gifts, loans, or personal income.
- Success Rate: Look for an attorney with a high approval rate for EB-5 petitions, as this can indicate a strong understanding of USCIS requirements and the ability to navigate potential challenges like Requests for Evidence (RFEs).
- Clear Communication: The EB-5 process involves multiple steps and can take several years. Select an attorney who communicates clearly and keeps you informed at every stage, from the initial I-526 petition to the final I-829 petition to remove conditions on your green card.
By choosing an experienced and dedicated EB-5 immigration attorney, you’ll gain a trusted advisor to help ensure the smooth processing of your EB-5 application, increasing your chances of a successful outcome.
Step 5: Subscribe to the Partnership and Make the Investment
After selecting your EB-5 project—such as one offered through the Behring investment platform—and thoroughly assessing the associated risks, the next step is to subscribe to the partnership and complete your investment.
For Behring projects, this is a straightforward process managed through their online investor portal at investors.behringco.com. This platform streamlines the process by allowing you to securely review and sign all necessary investment subscription materials online. Once subscription materials have been signed, Behring’s team will share the documents with your immigration attorney to include in your I-526E filing.
Once your subscription is complete, you will make two separate transfers:
- Capital Investment: Transfer the required EB-5 capital to the project’s Limited Partnership account, which will be used to fund the job-creating enterprise.
- Administrative Fees: A second transfer is made to the General Partner’s account to cover the administrative costs associated with managing the EB-5 project.
Step 6: File the I-526E Petition
After subscribing to an EB-5 investment partnership and transferring your capital, the next step is to have your I-526E petition prepared and filed by your immigration attorney.
This petition is critical, as it demonstrates that your investment meets the EB-5 requirements for lawful sourcing of funds and job creation. You’ll need to provide detailed documentation of your capital transfer, including bank receipts, proof of administrative fee payments, and your investment subscription agreements. Additionally, your attorney will compile and submit source of funds documentation, such as tax returns and financial records, to ensure that USCIS can verify that investment is compliant with EB-5 program requirements.
The petition will also include project-specific documentation, like business plans and economic reports, to prove that the investment will generate the required 10 full-time U.S. jobs. Once all supporting materials are gathered, your attorney will file the I-526E petition with USCIS, officially beginning the process toward obtaining your conditional green card. Accurate and complete documentation is essential for a successful petition, helping you progress toward U.S. permanent residency.
Step 7: Adjustment of Status or Consular Processing
As an H-1B visa holder, you have the benefit of dual intent, meaning you can file Form I-485 (Application to Register Permanent Residence or Adjust Status) while remaining in the U.S. This allows you to pursue permanent residency without disrupting your H-1B status. Once your I-526E petition is filed, and even before it’s approved, you may be eligible to submit Form I-485 concurrently, meaning you can start the adjustment process while your EB-5 petition is pending, as long as an immigrant visa is available at the time of filing.
Benefits of Concurrent Filing:
Concurrent filing allows you to apply for Employment Authorization Document (EAD) and Advance Parole (AP) along with your I-485. The EAD grants you the flexibility to work in the U.S. without being tied to your H-1B employer, providing employment freedom while your green card is processed. Advance Parole (AP) permits you to travel internationally without abandoning your adjustment of status application, ensuring that you can leave and re-enter the U.S. without needing a separate visa. These benefits provide significant flexibility, enabling you and your family to continue working, living, and traveling while waiting for your green card approval.
Challenges and Considerations
The EB-5 investment and immigration process can be complex, but with the right preparation and guidance, many common challenges can be avoided. Navigating legal requirements, preparing documentation, and ensuring your investment meets EB-5 standards requires expertise. Partnering with an experienced EB-5 regional center, such as Behring Regional Center, along with an experienced immigration attorney, is essential for ensuring a smooth and successful process.
Behring Regional Center’s deep knowledge of both investment and immigration provides the necessary support to guide you through each step, while your immigration attorney ensures that all legal requirements are met. Together, they help you avoid pitfalls and ensure your path to U.S. permanent residency is secure and well-structured.
Speaking with Behring as a first step can help ensure you have the proper groundwork to undertake the process.
Case Studies and Success Stories
Behring Regional Center has a 100% approval rate on all final adjudicated USCIS applications, successfully guiding EB-5 investors from over 30 countries through the visa process. Investors consistently express their confidence and satisfaction in partnering with Behring, praising the team’s expertise, transparency, and support throughout their EB-5 journey. These success stories highlight Behring’s commitment to delivering strong results and helping investors achieve their U.S. permanent residency goals with ease and confidence.
Converting From H-1B to EB-5 Visa
Converting from an H-1B visa to an EB-5 visa offers a flexible, efficient path to U.S. permanent residency. Unlike the H-1B visa, which ties your status to employment and requires ongoing sponsorship, the EB-5 visa allows you to gain a green card without employment restrictions. Additionally, it offers critical protections for your family, such as locking in the immigration status of your children and avoiding the uncertainties tied to green card backlogs and potential layoffs.
Navigating the EB-5 process requires careful planning, selecting the right investment, and working closely with immigration professionals. Partnering with an experienced EB-5 regional center, like Behring Regional Center, and an EB-5 immigration attorney ensures you can meet the program’s requirements smoothly and efficiently. With their expertise, you can avoid common pitfalls, meet all legal requirements, and confidently move toward achieving your U.S. residency goals.
To learn more about this transition and how it can benefit you, watch these informative videos from Behring:
- H-1B Layoff – Switch to EB-5 Green Card: Discover how the EB-5 program offers security during layoffs or employment transitions.
- From H-1B to EB-5 Visas – The Steps to Get Your Green Card: Learn the step-by-step process of converting from an H-1B to an EB-5 visa.
When you’re ready to take the next step, Behring Regional Center offers expert guidance, proven investment opportunities, and personalized support throughout the EB-5 journey. Schedule a Call with Behring’s Team of EB-5 Experts to learn more and take your first steps toward securing your future in the U.S.
