How H-1B Can Lead to EB-5 for Chinese and Indian Nationals: A Strategic Path to U.S. Permanent Residency
For Chinese and Indian nationals facing lengthy H-1B backlogs, the EB-5 Immigrant Investor Program presents a faster and more direct path to U.S. permanent residency. Given the extensive wait times for EB-2 and EB-3 green cards, EB-5 offers an alternative that bypasses employment-based sponsorship hurdles and significantly reduces the risk of visa uncertainty.
The H-1B Backlog Problem and Why EB-5 is a Better Alternative
Chinese and Indian nationals on H-1B visas often face years, if not decades, of wait times due to per-country limits and visa retrogression under the EB-2 and EB-3 categories. This backlog delays green card approvals and increases dependence on employers for visa renewals. Additionally, H-1B extensions beyond the six-year limit require continued employer sponsorship, making job mobility and long-term U.S. residency uncertain. In contrast, EB-5 provides a self-petitioned path to a green card without employer sponsorship, offering far greater flexibility.
How H-1B Holders Can Transition to EB-5
H-1B visa holders can apply for EB-5 by investing a minimum of $800,000 in a Targeted Employment Area (TEA) project or $1,050,000 in a standard EB-5 investment. Once the I-526E petition is approved, applicants and their dependents can apply for adjustment of status (I-485) while continuing to work on H-1B. This concurrent filing option allows them to stay in the U.S. legally and obtain work/travel permits while waiting for their EB-5 green card approval.
Why EB-5 is a Stronger Choice Over Other Visa Categories
Unlike EB-2 or EB-3, which rely on employer sponsorship and labor certification, EB-5 grants direct green card eligibility through investment. Additionally, compared to the EB-1 category, which requires extraordinary ability or managerial experience, EB-5 has no strict career or education qualifications, making it an ideal route for those looking to secure U.S. residency for their families. Furthermore, new EB-5 reforms offer reserved visa categories that may expedite processing for applicants from backlogged countries.
For H-1B holders from India and China, transitioning to EB-5 is a strategic decision that eliminates long wait times, reduces dependence on employers, and provides a more secure and predictable route to permanent residency. Given the evolving immigration landscape, investing in EB-5 now can help avoid future visa uncertainties and ensure long-term stability in the U.S.
