Fredrick W VoigtmannImmigration Attorney
Any EB-5 investment must be a personal investment. Therefore, funds that you raise from other investors will not count as your personal EB-5 investment in a new commercial enterprise. Assuming you make a qualifying personal investment of lawfully-obtained capital ($500,000 or $1 million depending upon the location) in a new commercial enterprise that will create 10 jobs for U.S. workers within two years, there is no prohibition against adjusting your status from H-1B to EB-5. You must be in valid H-1B status, you must not work without authorization, and you must be otherwise eligible for adjustment of status. Keep in mind that if your goal is U.S. lawful permanent residence, and you are considering making an investment in order to qualify for EB-5, you might want to consider other immigration options open to you as well. It would be wise to consult an experienced immigration attorney who can advise you on all of your immigration options, not just EB-5.