How can I reapply for the H-1B visa if my EB-5 was denied?

If you are already a conditional resident through the EB-5 program that would need to be abandoned to get back on H-1B. If you were counted against the cap within the last six years on H1B you can apply again but if you haven’t maintained status while EB-5 was pending, then you will need to consular process after approval. Be careful not to have 180 days of unlawful presence.

If an EB-5 petition is denied and the worker is no longer in H-1B status, then they may not need to go through the H-1B lottery again to reapply for H-1B status. Under the American Competitiveness in the 21st Century Act (AC21), an approved I-140 petition can allow a worker to seek a new H-1B visa even if they may be overseas at the time. This means a new three-year H-1B period based on an approved I-140 can be requested, provided it remains valid and has not been withdrawn or revoked. This flexibility enables continued employment in the U.S. without relying on the lottery process, and in the event of not succeeding in the EB-5 process.