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Due to the limitations and uncertainties of the H-1B visa program, many foreign professionals are exploring alternative pathways to establish permanent residence in the United States. The EB-5 Immigrant Investor Program has emerged as a reliable and increasingly popular option for those seeking long-term stability and freedom.
Unlike the H-1B program with its employment restrictions and annual visa caps, the EB-5 program offers a clear path to a green card through qualified investment, providing security for you and your entire family.
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The EB-5 program offers significant advantages over H-1B status for long-term U.S. residence
Permanent Status
Unlike H-1B's temporary status with renewal requirements, EB-5 leads directly to permanent residence and eventual citizenship eligibility.
Family Inclusion
Your spouse and children under 21 receive green cards simultaneously, eliminating dependent visa complications and work authorization delays.
Employment Freedom
No employer sponsorship required. Live and work anywhere in the U.S., change jobs freely, or start your own business without restrictions.
No Annual Caps
Avoid H-1B lottery uncertainty. EB-5 has country-based limits but no annual caps or lottery system creating predictable timelines.
Spouse Work Rights
H-1B spouse work authorization has faced restrictions. EB-5 green card holders' spouses can work immediately without limitations.
Children's Future
Secure your children's education and career prospects in the U.S. with permanent residence, avoiding age-out concerns on dependent visas.
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The EB-5 program provides foreign entrepreneurs and investors a pathway to U.S. permanent residence through qualified investment in job-creating projects.
Investment Requirements
The program requires an investment of $800,000 in Targeted Employment Areas (TEAs) - rural regions or areas with high unemployment. This investment must support the creation of at least 10 full-time permanent jobs for U.S. workers.
- $800,000 minimum investment in TEA projects
- Create 10 full-time permanent jobs
- Direct or regional center investment options
Regional Center Advantage
Most investors choose regional center projects, which offer passive investment opportunities with flexible job creation requirements. Regional centers handle project management and operations, freeing investors from daily involvement.
- Passive investment - no management required
- Flexible job creation (direct + indirect)
- Pre-vetted projects with track record
Green Cards for the Entire Family
All successful EB-5 investments result in U.S. green cards for the investor, their spouse, and unmarried children under 21 years of age. This provides permanent residence status and a pathway to citizenship for your entire family.
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Yes! H-1B visa holders can submit EB-5 petitions while maintaining their current visa status. The H-1B visa allows "dual intent," meaning you can work in the U.S. on a nonimmigrant visa while simultaneously pursuing permanent residence through the EB-5 program.
Maintain Current Status
Continue working with your H-1B visa while your EB-5 petition is processed
Multiple Petitions Allowed
File EB-5 alongside other green card applications without conflict
Insurance for Your Future
EB-5 serves as a backup plan if other immigration routes face delays
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Investors already in the United States must meet accredited investor criteria for most regional center EB-5 projects.
Individual Income
Earn $200,000 annually for two consecutive years with similar expected income for current year
Joint Income
Combined income of $300,000 with spouse for two consecutive years with similar expected income
Net Worth
$1 million net worth (excluding primary residence) based on worldwide assets with spouse
Alternative Investment Options
If you don't meet accredited investor requirements, you can still participate through direct entrepreneurial EB-5 projects where you manage your own business. However, this requires more active involvement and careful documentation of job creation requirements.
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Understanding the key steps from investment to permanent residency
Investment & I-526 Petition
Select a qualified EB-5 project and make your investment. File Form I-526 (Immigrant Petition by Investor) with USCIS, providing detailed documentation about your investment source, the project viability, and job creation plan.
Conditional Permanent Residence (I-485)
After I-526 approval, file Form I-485 to adjust your status to conditional permanent resident. You'll receive a 2-year conditional green card for yourself, spouse, and eligible children. During this period, your investment must remain active and create the required jobs.
Remove Conditions (I-829)
Within the 90-day period before your conditional green card expires, file Form I-829 to remove conditions. Demonstrate that your investment was sustained and the required jobs were created. Upon approval, you receive your permanent green card.
Source of Funds Documentation
One critical requirement is proving your investment capital came from lawful sources. USCIS requires comprehensive documentation tracing funds through salary income, asset sales, investments, loans secured by assets, inheritance, or gifts. The documentation burden extends beyond the investor - if funds came from a gift or loan, you must prove the source party also obtained funds legally.