Navigating the path to U.S. residency requires understanding various visa options beyond the EB-5 visa program, each with its unique benefits and requirements. There are temporary and permanent residency pathways, though some are more popular. Many U.S. residency alternatives allow applicants to switch to the EB-5 visa during the application process. However, in some instances, it may be advisable to withdraw from the existing visa application based on your immigration status and the stage of your application.
“EB-5 is not the only pathway to U.S. residency. We advise our clients that there are five employment-based categories and several nonimmigrant visas they should consider,” says Niral Patel from KLDP.
EB-5 attorney Edward Beshara from Beshara PA agrees.
“If a foreign national does not wish to file an EB-5 petition or invest either $800,000 or $1,050,000 in their project or an EB-5 Regional Center Project, there are alternative ways to enter the U.S.,” Beshara says.
Depending on the investor’s background, qualifications, academic and professional experience, and skills, specific employment-based and other visa categories may align better with their immigration needs and capabilities than others.
“Some visas, like the E-2, allow individuals to start with a smaller investment and later transition into the EB-5 program when they’re ready,” said immigration lawyer Marjan Kasra from Lawmaks. “ Others, like the L-1, offer a different route to a green card altogether through the EB-1C category, thereby bypassing EB-5 entirely.”
What other U.S. residency paths are available to foreign investors?
Applicants seeking residency in the U.S. currently have two types of visa options: temporary and permanent. Temporary visas are for short-term stays with specific purposes, while permanent visas allow for long-term residency and the potential for citizenship.
Temporary visas include:
- H-1B Visa: This visa is for skilled workers in specialty occupations. Typically, it does not require a personal financial investment; costs are mainly related to application and legal fees.
- E-2 Visa: This visa is for treaty investors from countries with which the U.S. maintains a treaty of commerce. It requires a substantial investment in a U.S. business, but the amount is generally lower and not fixed, unlike EB-5. It must be enough to support business operations.
- L-1 Visa: This visa is for intracompany transferees in managerial or specialized knowledge roles. They don’t need a personal financial investment, and expenses are primarily associated with application and legal fees.
Meanwhile, the permanent residency visas consist of:
- EB-1 Visa: For individuals with extraordinary ability, outstanding professors/researchers, or multinational executives.
- EB-2 Visa: For professionals with advanced degrees or exceptional ability.
- EB-3 Visa: For skilled workers, professionals, and unskilled workers—requiring at least two years of training or experience.
- EB-4 Visa: For religious workers, employees of U.S. Foreign Service posts, retired employees of international organizations, certain broadcasters, armed forces members, and Panama Canal Zone employees.
Overall, these visas focus on skills, qualifications, or specific job offers rather than financial investments. For EB-3, applicants typically require a valid job offer from a U.S. employer and may need to obtain labor certification (PERM) to demonstrate that there are no qualified U.S. workers available for the position. Meanwhile, the EB-4 category does not require a labor certification or a financial investment.
- EB-5 Visa: It’s for investors making substantial investments in U.S. businesses. It requires a minimum investment of $1,050,000, or $800,000 if the applicant invests in a targeted employment area (TEA), which includes rural or high-unemployment areas. The investment must create at least 10 full-time jobs for U.S. workers.
Kasra emphasizes the advantages of applying for the EB-5 visa, stating that “EB-5 continues to be a strong and viable option for investors who want to pursue a U.S. green card from the start. With recent visa set-asides, particularly for rural investments, many EB-5 applications are now being processed in as little as seven months. For those ready to make the commitment, it remains one of the most direct and impactful paths to permanent residency.”
How do these visas compare with the EB-5 program?
The EB-1 visa offers the advantage of faster processing and doesn’t require a financial investment, as it is based on individual merit. However, it has strict eligibility criteria, requiring substantial proof of extraordinary ability. In contrast, the EB-5 visa offers a direct investment pathway, eliminating the need for exceptional ability; however, the EB-5 investment entails significant financial risk and often faces longer processing times due to high demand.
Meanwhile, the EB-2 visa does not require a financial investment and offers the potential for a National Interest Waiver, making it an appealing option for individuals with advanced degrees or exceptional abilities. However, it requires such qualifications and can have longer wait times for applicants from certain countries. The EB-5 visa shares similar pros and cons concerning financial risk and processing duration.
The E-2 visa allows for a lower initial investment compared to the EB-5 and can be renewed indefinitely. However, it does not provide a direct path to a green card like the EB-5 and is limited to nationals of treaty countries.
The L-1 visa is advantageous as a temporary work visa, with the potential to transition to EB-1C for permanent residency. It does require employment with a multinational company and remains a temporary status. The EB-5 visa, which shares the advantage of a direct path to a green card, requires EB-5 investors a significant financial investment and associated risks.
On this particular option, Beshara adds: “For those foreign nationals who may own and are the CEO of their businesses in their country, then they may file an L-1A intra-company petition, so that the new U.S. subsidiary (of their own parent company in their own country) can request the transfer of the foreign national executive to the U.S., to be the CEO and operate the U.S. business.”
He also says the L-1A petition can be filed in the U.S. and, if expedited, may be approved within 15 days. The new office L-1A visa is valid for one year with possible extensions.
All the while, the H-1B visa benefits from employer sponsorship and offers a potential path to permanent residency. However, it is subject to annual caps and remains a temporary status. On the other hand, the EB-5 visa, although requiring a substantial financial commitment, offers a direct path to a green card without the constraints of annual limits and provides foreign investors more control over their immigration application.
If an applicant already living in the U.S. has started either of these visa options, there’s the possibility to switch mid-application to the EB-5 visa program through concurrent filing for adjustment of U.S. immigration status.
Through this pathway, “applicants within the U.S. can secure the ability to work and travel while awaiting their green card approval. This provides essential flexibility and security, especially if they face potential layoffs or employment changes,” Patel adds.
“There are situations where EB-5 is the most viable option—particularly for nationals from countries facing visa backlogs in other categories. If a client has the financial capacity to pursue the EB-5 route, it remains a strong option, offering residency and a path to citizenship relatively sooner,” he concludes.
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