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Questions and Answers > EB-5 Investments

How can I convert my H1b to an EB-5 visa?

I am currently on H1b until December 2023. I want to convert my H1b to EB-5. Will I be able to continue my current H1B job once I move over to EB-5 or do I need to give up my current job to get H1B converted to EB-5?

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    The H-1B presumes you are working for an employer in an employer-employee relationship. The EB-5 program has two aspects. One is direct EB-5 with $1m invested and 10 full-time jobs. This is reduced to $500,000 if the jobs are in a high unemployment or rural area. There is nothing stopping you from investing in a new commercial enterprise that creates the 10 jobs and you can get a green card, but you cannot work there unless you have a concurrent H-1B that also allows you to work there. If you are from an E-2 treaty country, you may be able to switch to an E-2. H-1Bs do not convert to EB-5 but you can separately apply. The easiest option is to wait for the regional center program to be reauthorized. Many think this will happen in February.

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    Darren Silver

    Immigration Attorney
    Answered on

    Yes, we work with H-1B visa holders very regularly. You certainly can continue working with your H-1B while we process the EB-5 in the background.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    The H-1B is a nonimmigrant status and that continues until you actually get a green card in hand. The EB-5 case can be filed for simultaneously.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    H-1B is known as "dual intent," so you can stay on it while pursuing a green card. The initial EB-5 petition can take 3-4 years for an approval, and unlike other immigrant processes, you must wait for approval before submitting a green card application, so you would need to remain in H-1B status during the wait.

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    Stephen Berman

    Immigration Attorney
    Answered on

    You can file for the EB-5 visa, and for adjustment of status if the visa is available. If you are granted adjustment of status, you will be a permanent resident and no longer an H-1B.