EB-5 Investment Visa: A Viable Option For H1B Visa Holders

EB5 Investment Visa: A Viable Option For H1B Visa Holders

In the last few years, the EB-5 Investment visa has gained much popularity among immigrants wanting to go to the USA. Up until this point, the H-1B was the most convenient way for an individual to fulfill his dream of living and working in the U.S.

However, the recent exodus of layoffs has left a large number of this migration population with a bleak future. Not only have people lost their jobs owing to the layoffs by tech giants but several have also faced sudden suspension of their Green Card processing altogether! Moreover, the lack of demand for new hires in the sector logically makes it less important for these companies to source talent from other countries.

As a result, families have been left in the lurch, livelihoods have been compromised and H-1B Visa holders now face big consequences of finding another job in a very short time or returning to India. Either of these options is extremely challenging.

These layoffs have brought into the limelight the limitations of the H-1B visa. A few significant ones are-

The visa is contingent upon employer sponsorship and upon employment.
It is a non-immigrant visa.
The visa is revoked 60 days after the employment is terminated.
H-1B visa access is at the mercy of a lottery.

Now, the ripple effect of the bulk of employees slashing their H- 1B workforce can be seen in the upsurge of EB-5 investment visa applications. Data reflects a rise in both applicant types, applications via Indians laid off in the US, and new aspiring applicants from India. These burgeoning numbers bear testimony to the fact that the EB-5 investment visa is a natural way forward for H-1 B visa holders who have been left stranded!

So as an H-1B visa holder, if you too are looking to go down this path, expert consultants at Nova Quinta Immigration for EB-5 can assist you in acquiring a Green Card just the same as other qualifying programs. Moreover, the same benefits can be extended to your family.

So what makes the EB5 Investment Visa the natural option for laid-off H -1B Visa holders?

An H-1B employee is eligible to file for an EB-5 green card at any time as long as they meet the minimum criteria. The implementation of the 2022 Reform and Integrity Act (RIA), makes it easy for H-1B investment visa holders physically residing in the United States to pursue an EB-5 visa.

This process involves concurrently filing for Adjustment of Status, which grants them work and travel authorization within a relatively short time frame of approximately three to six months.

With an investment of $800,000 which has a lock-in period of at least 5 years, the EB-5 visa acts as a direct pathway to the U.S. Permanent Residence of Green Card.

What benefits of an EB-5 investment Visa for H-1B Visa Holders?

An EB-5 investment visa holder is not dependent on employer sponsorship
He is eligible to receive the monetary investment made at the application time
He is eligible to work and live anywhere in the U.S. without having to pay state income tax
Children (single and under 21) have lower-cost education and employment opportunities.
No labor certification or job offer is required.

How can a laid-off H-1B visa holder apply for an EB-5 Investment Visa and maintain immigration status?

The ideal person to advise you on this is an EB-5 Investment Visa Consultant. So you may contact us immediately.
However, the preliminary steps include –

Begin by completing the eligibility questionnaire and signing the Non-Disclosure Agreement (NDA).
Review the offering documents provided to gain a comprehensive understanding of the investment opportunity.
Prepare a Source-of-Funds report to document the origin of your investment capital and ensure compliance.
Verify and document your Accredited Investor status as required.
Complete and sign the Automated Subscription Booklet, which allows you to subscribe to the partnership.
Transfer the necessary investment funds as specified in the offering documents.
File the I-526E petition to initiate the process of obtaining temporary green card status.
Depending on your circumstances, you will either attend a consulate interview or go through an Adjustment of Status process within the United States.
After the designated period, submit the I-829 petition to request the removal of temporary green card conditions.

In conclusion, the EB-5 Investment Visa is an attractive option for those stranded in the U.S. on an H-1B. By enlisting the help of an experienced EB-5 Investment Consultant, you can speed up the process of applying for the EB-5 Investment Visa and avoid unnecessary delays.