What should I look out for when transitioning from an H-1B visa to an EB-5 visa? Is the process easier, given that I qualified already for a U.S. visa? Will opening my own business as an EB-5 investment help me qualify if it’s in the biotechnology field?
Answers
Jason Feldman
EB-5 Immigration attorneysIt is very doable. The EB-5 process is not necessarily easier, but being in the U.S. in a lawful status allows you to concurrently adjust your status.
Doing an EB-5 through your own business is very doable (whether in the biotech field or another field), and we’ve successfully helped other EB-5 entrepreneurs obtain permanent residency this way.
Matthew Kolodziej
EB-5 Immigration attorneysThe process should be easier as you are already in a valid visa status and have time to prepare the application, and the H-1B is dual intent, allowing you to pursue a green card. If you are considering applying for EB-5 through a direct investment in your own company, as opposed to an established EB-5 regional center, however, there are many factors you need to consider, principally the business's ability to create the required jobs and the economic calculus to demonstrate that, and the structure of the investment and timeline that will fulfil the EB-5 requirements.
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