For many foreign workers, the H-1B visa is the most popular route to employment in the U.S. However, this visa category has limitations, such as a maximum stay of six years, job restrictions, and dependency on employers. These setbacks have led H-1B visa holders to seek more stable and permanent routes to a Green Card, which reduce the burden of complex renewal processes.

One promising option is the EB-5 Immigrant Investor Program. By applying to this program, H-1B visa holders may obtain Green Cards for themselves and their families, providing a clear pathway to permanent residency and eventual citizenship in the U.S.

This article will guide you through the process of transitioning from an H-1B visa to an EB-5 Green Card, highlighting the benefits, requirements, and steps involved.

What Is an H-1B Visa?

The H-1B visa is a work visa designed for skilled professionals from other countries to work in specialized fields such as technology, engineering, medicine, and education in the United States. To qualify, applicants must possess a relevant college degree or higher, and secure a job offer from a U.S. employer willing to sponsor them.

The H-1B visa offers several benefits, including the opportunity to live and work in the U.S., bring immediate family members, and gain valuable career experience. However, it does not provide a direct pathway to a Green Card, and those with long-term plans to stay in the U.S. must change their status accordingly.

Challenges H-1B Visa Holders Face

H-1B visa holders encounter several significant challenges that impact both their professional and personal lives. They include:

Job Dependency

H-1B visa holders are highly dependent on their sponsoring employer, so changing jobs requires transferring the visa to a new employer, which can be a complex and uncertain process. In addition, visa holders endure limited career mobility since they cannot work for any employer other than their sponsor, unless they go through the transfer process.

Visa Durations and Extensions

The H-1B visa is initially granted for up to three years, with the possibility of extension for another three years. Aside from some specific cases, after six years, holders must either leave the U.S. or have an approved petition for a different visa category. These extensions are not guaranteed and depend on various factors, including employer sponsorship and meeting stringent criteria.

Green Card Backlogs

Many H-1B visa holders, especially those from countries with high demand like India, turn to immigrant visa options to get Green Cards, but they tend to face long waits due to backlogs. This can leave permanent residency applicants in a prolonged state of uncertainty.

H-1B Visa vs. EB-5 Visa

As mentioned earlier, the EB-5 Immigrant Investor Program presents H-1B visa holders with an effective and permanent approach to their immigration challenges. The EB-5 visa allows immigrants to gain U.S. permanent residency by investing $800,000 in a new commercial enterprise (NCE) within a targeted employment area (TEA) or $1,050,000 elsewhere in the U.S.

Below are some of the ways in which an EB-5 visa may help H-1B visa holders:

Path to Permanent Residency

Where an H-1B visa initially provides a temporary work visa, the EB-5 visa provides a direct path to permanent residency for the investor and their immediate family. Eligible EB-5 Green Card holders can apply for U.S. citizenship by naturalization after five years.

Investment Over Employment

The EB-5 program requires a significant minimum investment amount of $800,000 in a targeted employment area or $1,050,000 elsewhere, plus the creation of 10 jobs. However, through this pathway, H-1B visa holders get to be less reliant on employers and make immigration decisions with independence.

Flexibility and Mobility

Since EB-5 visas are not tied to any one person, they afford applicants some level of flexibility and stability compared to H-1B visa holders. As a result, EB-5 investors who receive employment authorization documents (EAD) and advance parole (AP) through concurrent filing may travel outside the country and take on jobs with whomever they wish without any strict restrictions. This gets even more flexible once they receive their initial EB-5 Green Cards.

What Are the Steps to Transition from H-1B to EB-5?

As an investor ready to change from an H-1B to an EB-5 visa, you must take careful steps to ensure that the process runs smoothly. This section provides the necessary steps to achieve success in obtaining an EB-5 Green Card.

Initial Consultation and Planning

The first step is to consult with immigration attorneys and industry experts to plan your EB-5 investment. A consultation will help you understand the legal and financial implications of the investment. These professionals will help guide the visa process and assist with structuring your investment to meet EB-5 requirements.

Choosing the Right Investment Projects

Selecting the right investment project is crucial. The project must meet EB-5 requirements and align with your financial goals. Research the project’s background, management team, and track record. Ensure that the project has a clear plan for job creation and is likely to succeed. You should also consider factors such as the project’s location, industry, and economic impact.

Filing the I-526E Petition and Adjusting Status

The I-526E petition is a critical part of the EB-5 process. This petition proves that your investment meets EB-5 requirements. It includes detailed documentation of the investment, such as the business plan, job creation plan, and evidence of the source of funds. Accurate and thorough documentation is essential to avoid delays or denials.

If you are in the U.S. on a valid H-1B visa, you may qualify for concurrent filing of your Form I-526E at the same time as your Form I-485 to adjust your status to conditional permanent resident.

Toward the end of your two-year conditional permanent residency, you can file Form I-829 to remove conditions on your Green Card and become an unconditional permanent resident.

Invest in a Green Card With EB5AN

Transitioning from an H-1B visa to an EB-5 Green Card offers a clear path to permanent residency in the United States, providing greater stability and opportunities for you and your family. However, this is a complex transition that requires the assistance of experienced and knowledgeable industry professionals.

EB5AN has a proven track record of helping over 2,300 investors and their families successfully obtain their U.S. Green Cards. Read some of their testimonials here.

Schedule a free consultation with our expert team today to learn more about how you can adjust your status in the U.S. and become a permanent resident.

EB-5 investors can choose projects from various industries, each with unique benefits and risks.

Single-family home development projects involve building houses for single families to live in. They are generally low-risk projects since they are tangible, asset-backed investments with high demand, making them a safe option for many EB-5 investors.

At EB5AN, we know that picking the right EB-5 investment is vital for your financial and immigration success. So, this guide explains why single-family home projects in rural targeted employment areas (TEAs) are a smart choice for EB-5 investors.

Why Are Single-Family Home Developments Great EB-5 Investment Options?

The EB-5 investment program encourages a broad range of project types across various industries, such as manufacturing, healthcare, and technology.

EB-5 investors can also choose the hospitality industry, including hotels and resorts, or residential projects like condominiums, multifamily units, and single-family homes. Among these, single-family home developments often emerge as particularly attractive options for EB-5 investments. These projects are straightforward and easy to understand, making them an excellent choice for investors who are new to real estate.

Additionally, single-family home developments often generate revenue during the construction phase, which can significantly reduce financial risks. This steady flow of income ensures the project’s stability and financial health, making these developments a top choice within the EB-5 program.

Below, we will explore some of the advantages of single-family home developments as EB-5 projects.

Easy to Understand

Single-family home projects are relatively simple to understand, and simplicity is key when assessing risks associated with investments.

In a typical single-family home project, the developer prepares the land by dividing it into individual lots ready for sale. This is followed by infrastructure developments such as laying down sewer lines, installing electricity, gas, and water systems, and constructing roads.

Once the infrastructure is in place, construction of homes begins, and each house sold contributes to the project’s revenue. Ideally, the sales from these homes cover the construction costs and generate profits, which can then be reinvested into the project or distributed to investors.

This type of investment is transparent, making it simpler to monitor how funds are used and returned. Such clarity allows investors to effectively evaluate the project’s potential to sell homes and generate profits.

Revenue Generation

Single-family housing developments usually need less external funding to be completed compared to other project types. Initially, capital is needed to secure the land, lay foundational infrastructure, construct model homes, and initiate amenities. This initial capital usually stems from a combination of developer equity, loans, and other forms of investment.

Once the homes start selling, the revenue is reinvested into the project to support ongoing development. This cycle reduces the necessity for new debt, as existing financing can be repaid or recycled, promoting sustainable project advancement.

This approach highlights the financial viability of single-family home projects for EB-5 stakeholders. It also makes them attractive investment opportunities in the EB-5 program, especially in rural areas where steady cash flow reduces financial risk.

High Demand

The demand for single-family homes in rural areas has notably increased, especially after the COVID-19 pandemic. This high demand, coupled with a relatively limited supply, establishes a robust market for single-family homes in these regions. Unlike hotels, single-family homes cater to permanent residents, ensuring consistent year-round demand.

For EB-5 investors, single-family home projects in undersupplied rural markets present a particularly attractive investment opportunity. Projects in these areas, developed by experienced professionals, have a high chance of success. Such successful projects provide financial returns and reduce immigration risks for EB-5 investors.

How to Ensure Project Viability in EB-5 Single-Family Home Developments

Selecting the best EB-5 projects from any industry is critical to the success of your immigration journey. Even with safe investment options like single-family home developments, EB-5 investors must note that a project’s success depends on several other key factors. Below are essential factors you should look out for:

The Developer’s Track Record

Investors’ choice of developer is one of the most important elements in assessing the success of a single-family home project. A developer with a strong track record of completing projects and meeting financial commitments may suggest the current project will go as planned. Such a track record can significantly reduce the risk associated with your investment.

Conversely, developers with limited experience or a history of uncompleted projects pose a higher risk. Investing in projects led by these developers depends more on their promises than proven competence. So, it’s wiser to invest based on verified past success rather than just assurances.

Construction Stage

Projects already beyond the initial stages of construction typically present lower risk. This progress shows commitment to the project and reduces the chance of unexpected problems. This is crucial for EB-5 investors because job creation, which is necessary to meet the EB-5 program’s criteria, depends on ongoing construction activity.

Proximity to a Major Urban Area

The preference for rural areas is growing among those seeking a quiet lifestyle and EB-5 investors seeking promising opportunities such as priority processing. Single-family home projects in rural areas are attractive for their blend of rural tranquility and proximity to urban conveniences.

Many prospective residents appreciate the peace of rural life but also value easy access to urban amenities like shopping centers, healthcare facilities, and transportation hubs. Projects that strike this balance by being close enough to major cities yet classified as rural for the EB-5 program stand a better chance of success.

Due Diligence by EB-5 Experts

To ensure a solid investment in an EB-5 venture, investors are advised to consult an independent, expert third party to ensure financial risk diligence. The checks should include a thorough analysis of comparable sales in the area of a prospective project.

For instance, if existing single-family homes in the area are either unsold or selling below the projected prices of your potential investment, there might be an issue. This should raise significant concerns about the project’s viability.

A project with established market demand has a lower risk profile, indicating new homes will likely sell at or above projected prices. While this assures the financial health of the investment, it also ensures the stability needed to meet the financial and immigration goals of EB-5 investors.

Invest in a Single-Family Home Project With EB5AN

EB5AN presents an exceptional single-family home project in a rural TEA for EB-5 investors: Twin Lakes Georgia.

Situated close to Atlanta, this community features 1,300 homes, complete with premium amenities. To date, over 650 homes have been sold, and this project has generated over 3,000 EB-5-eligible jobs.

At EB5AN, we are committed to ensuring our investors have access to the best real estate opportunities that not only fulfill investment criteria but also provide a pathway to achieving immigration goals.

To learn more about how our projects can meet your EB-5 requirements, book a free consultation with our expert team today.

If you wish to get a Green Card through the EB-5 Immigrant Investor Program, you need to invest in a project that creates at least 10 full-time jobs in the United States. An important part of this process is project selection, and understanding the role of Form I-956F, Application for Approval of an Investment in a Commercial Enterprise, can help you through the due diligence stage. In this article, we will explain everything you need to know about Form I-956F and why it matters to EB-5 investors.

What Is Form I-956F?

Form I-956F is a special form that EB-5 regional centers send to the United States government. A regional center is a company that manages EB-5 investment projects. The form tells the government everything about a specific EB-5 project. It includes information such as:

• Where the project is located.
• The project’s business plan.
• An economic report that shows how the project will create jobs.
• Legal documents for investors.

The United States Citizenship and Immigration Services (USCIS) examines Form I-956F very carefully to ensure the project complies with all EB-5 program regulations. If USCIS approves Form I-956F, it means they believe the project is sound and meets the standards.

Why Is I-956F Approval Important for Investors?

When a project gets I-956F approval, it’s important for EB-5 investors involved in that project.

For example, if USCIS approves a petition, it shows that the project has a solid business plan and is likely to create the jobs it promises. This makes investors feel more confident about investing.

Every EB-5 investor has to submit their own Form I-526E petition to the government. This is different from Form I-956F. But if a foreign national invests in a project that already has I-956F approval, USCIS might review their I-526E petition more quickly, since they have already reviewed a lot of the project information when they approved the I-956F.

But remember, just because a project has I-956F approval, it doesn’t mean there is no financial or immigration risk for investors. If the project encounters problems or fails, investors could still lose their investment capital. That’s why it’s crucial for investors to do their due diligence and thoroughly understand the project before investing.

What Else Should EB-5 Investors Look For?

It is a good sign when an EB-5 project already has an I-956F approval, but it’s not the only thing investors should consider when choosing a project. Here are some other important factors:

The Experience of the Regional Center

Look for a regional center that has completed successful EB-5 projects before. It’s best if they have finished projects, returned investors’ money, and helped investors get their Green Cards. Be cautious about regional centers that are new or lack experience with EB-5.

Communication and Transparency

The regional center should be easy to talk to and quick to answer questions. They should provide investors with clear, detailed information, preferably in writing. If a regional center doesn’t communicate well or provide you with access to important documents like financial statements, that’s a red flag.

The Strength of the Project

When it comes to project selection, investors should also consider other aspects like the project’s location, industry, and developer. They should ask questions like:

• Is there a market demand for this project?
• Does the developer have a good track record?
• What is the project’s capital structure?
• Is it fully financed without EB-5 funds?
• Is construction already underway?
• Does it have current sales?

When a project has solid fundamentals in these areas, it lowers the financial risk for investors.

Invest in a Low-Risk EB5AN Project

When considering an EB-5 investment, the key is to work with qualified EB-5 professionals who can guide you through the process and help you make an informed decision. With the right project and the right team, the EB-5 program can be a great path to getting a U.S. Green Card while also investing in the American economy.

Remember, investing always carries risk. But by understanding the role of Form I-956F and all the other parts of the EB-5 process, you’ll be well on your way to reaching your immigration goals through the EB-5 Immigrant Investor Program.

Get in touch with an EB5AN expert for a free consultation on how to find low-risk EB-5 projects.

Securing your future with the EB-5 Immigrant Investor Program involves making sure your investment meets the necessary program requirements. One way of ensuring that is through repayment guaranties, which can enhance the security of your investment while still meeting the EB-5 “at-risk” requirement. This guaranty helps reduce financial risk by adding a layer of financial protection. Understanding how repayment guaranties work can help foreign investors make informed investment decisions.

In this article, we will explain what an EB-5 repayment guaranty is and how it fits into EB-5 regulations. We will also discuss its benefits and complexities and inform you of what to look for in an EB-5 repayment guaranty.

Understanding EB-5 Repayment Guaranties

An EB-5 repayment guaranty is a promise from a guarantor to repay an EB-5 loan if the borrower cannot. Typically, the borrower is the new commercial enterprise (NCE) that receives the EB-5 funds. This enterprise uses the funds from EB-5 investors to develop and manage the EB-5 project, which could be anything from real estate developments to businesses in other industries.

The guarantor, or the entity offering the repayment guaranty, is usually a well-capitalized company with substantial assets. These assets, however, must far exceed the total amount of the EB-5 loan. This ensures the guarantor can cover the repayment if needed and thus adds a layer of financial security for investors.

Are Repayment Guaranties Allowed?

Some investors may believe that repayment guaranties violate the EB-5 “at-risk” requirement. This is because they think guaranties eliminate all risks. However, the EB-5 program allows repayment guaranties as long as some risk remains.

USCIS’s “at-risk” requirement means the investment must have the potential for gain and risk of loss. Even with a repayment guaranty, the risk of the guarantor defaulting still exists. This possibility maintains the required level of risk.

Regional centers sometimes misinform investors about repayment guaranties. They may claim that such guaranties prevent USCIS approval. This misinformation might come from a lack of knowledge or competitive motives.

However, for a decade, EB5AN has partnered with reputable developers on multiple projects, and these projects have often included repayment guaranties. These projects, including those with repayment guaranties, have all received USCIS approval.

What Do You Stand to Gain With Repayment Guaranties?

Choosing an EB-5 project with a repayment guaranty significantly enhances your financial security. The guaranty ensures that if the borrower defaults, the guarantor will repay the loan. This reduces the risk of losing your invested capital. A strong guarantor with substantial assets provides a solid safety net.

Repayment guaranties make projects more appealing and reassuring to foreign investors. They add a layer of protection and show that the project has a well-thought-out structure. They also indicate a serious interest in protecting investor interests, attracting more investors, and increasing the project’s chances of success.

How to Avoid Potential Risks of Repayment Guaranties

Repayment guaranties involve detailed financial arrangements and legal agreements. As a result, investors must ensure the guarantor’s financial health and track record are solid. This involves reviewing financial statements and the guarantor’s assets. You may also need EB-5 attorneys to interpret these documents correctly.

Additionally, foreign investors must consider the potential risks involved. Even with a repayment guaranty, risks like the guarantor defaulting still exist. Therefore, along with scrutinizing the project itself, investors must assess the guarantor’s ability to fulfill their promise. An easy way of doing this is to have a detailed look into their financial obligations and debt levels. Thorough due diligence can help identify any red flags and ensure the guarantor’s reliability.

Verifying the authenticity of a repayment guaranty is another way to ensure the guarantor’s reliability. Investors must ask key questions about the guarantor’s assets and ability to cover the loan. Transparency is the watchword, emphasizing why investors must have access to the guarantor’s financial information.

Spotlight on Success: Twin Lakes Georgia Project

EB5AN has partnered with The Kolter Group to offer EB-5 regional center projects with repayment guaranties. One such project is the Twin Lakes Georgia Project. In this project, a Kolter parent company guarantees loan repayment. Where Kolter cannot pay back the loan, the capital of the parent company will cover the entire loan balance.

They have also guaranteed an I-526E approval refund. Again, this means that in the event that USCIS denies an investor’s I-526E petition, the foreign national will typically get their money back in a timely manner.

Tips for Selecting the Right EB-5 Project

Selecting the right EB-5 project involves careful consideration and thorough research. First, foreign investors must review all relevant financial documents provided by the guarantor to ensure they can back the loan up.

Next, they must assess the project’s overall structure. An ideal project is well-organized and has a repayment guaranty from an independent, well-capitalized company. Look for projects with a history of successful repayments and USCIS approvals. This track record indicates reliability and lower investment risk, and the guarantor’s past performance can predict future dependability as well.

Finally, foreign nationals should seek professional advice to navigate the legal complexities of investing in an EB-5 project. EB-5 attorneys can help interpret financial documents and assess the guarantor’s obligations. They ensure the investment meets EB-5 requirements and that the repayment guaranty is enforceable. Proper due diligence like this protects your investment and increases your chances of success.

Checklist for Evaluating a Repayment Guaranty

You may use these questions when trying to select the best repayment guaranty project:

• Does the guarantor have a strong financial track record?
• Are the guarantor’s assets sufficient to cover the loan?
• Is there transparency in the guarantor’s financial statements?
• What is the history and success rate of the project?
• Have all the guarantor’s debts been repaid, and are they in good standing?
• Is there any common ownership between the lender and the guarantor?
• Can you verify the guarantor’s assets on an ongoing basis?

Work With EB5AN for a Low-Risk Investment

Trusting EB5AN for your EB-5 investment means choosing a reliable and secure path to a Green Card for you and your eligible family members. With a proven track record and strong financial backing, we offer robust repayment guaranties that significantly reduce investment risk.

Schedule a call with the EB5AN team for a free consultation.

When you decide to start the EB-5 visa process, one of the first choices you’ll have to make is whether to invest the full amount right away or begin with a smaller amount and pay the rest later. This decision can have a significant impact on your path to getting a U.S. Green Card.

In this article, we’ll break down the key points to consider when choosing between a full or partial EB-5 investment.

The Basics of EB-5 Investments

Before discussing partial investments, let’s review the basics of EB-5. You start by selecting a project and agreeing to invest a specific amount. If the project is in a targeted employment area (TEA), the minimum investment is $800,000. Outside of TEAs, it’s $1.05 million. The money usually goes into an escrow account before being used for the project.

Full Investment vs. Partial Investment: What’s the Difference?

There are two main ways to set up your EB-5 investment:

1. Full Investment: You pay the entire $800,000 (or $1.05 million) upfront, showing full commitment from the start.

2. Partial Investment: You start with part of the total amount, typically around half, and promise to pay the rest over time. This can still count as a valid investment under EB-5 rules if done correctly.

How Partial EB-5 Investments Have Changed Over Time

Before the EB-5 Reform and Integrity Act of 2022 (RIA), most investors paid the full amount when filing their I-526E petition. However, partial investments became more popular just before the June 30, 2021 deadline (later extended to March 2022 with the enactment of the RIA). Investors wanted to secure lower investment amounts or ensure their aging out children still qualified. With the new RIA rules, partial investments are still allowed for investors who may not have $800,000 readily available.

The Advantages of Partial EB-5 Investments

Partial EB-5 investments offer several benefits.

• Securing your spot in the visa line by getting your priority date locked in while you gather the full investment amount.
• Selling assets like stocks or property when they’re most beneficial, avoiding financial loss.
• Matching partial payments with expected funds from other sources, such as property sales or stock returns.
• Investing less money upfront can feel safer during times of economic uncertainty.

Partial investments are becoming more common in countries like China, where long visa wait times and strict rules on sending money overseas have made EB-5 less appealing. For investors from India, partial payments help stay within the yearly limit on moving money abroad.

Possible Problems to Keep in Mind

While partial EB-5 investments have benefits, there are potential problems to consider.

• Some adjudicators may not be familiar with installment rules. Careful planning and comprehensive proof of funds are essential.
• Not all EB-5 projects or regional centers may accept partial investments.
• The current two-year period to sustain your investment starts after the full payment, potentially delaying your overall EB-5 process.
• Risk-averse investors may hesitate to make partial payments, especially if proving the source of funds is difficult.
• Potential RFEs from USCIS can slow down the processing of your I-526E petition.
• Partial investments require extensive coordination and documentation, which can be time-consuming and stressful.

Despite these potential problems, partial EB-5 investments remain a viable option for many investors looking for a flexible way to obtain a U.S. Green Card.

How to Make a Successful Partial EB-5 Investment

The law requires proof of where your money came from (known as source-of-funds) and evidence that you have actively started the investment process. This makes partial investments legally permissible but requires strong proof of your plans and commitment. Examples include bank statements, purchase agreements, property or stock transfers, and loan documents. If adequate evidence isn’t provided, USCIS may issue a request for evidence (RFE).

To increase your chances of success with a partial investment, consider these tips:

• Choose a reputable EB-5 project and regional center experienced with partial investments.
• Work closely with EB-5 lawyers and financial advisors to ensure your paperwork is complete and compliant.
• Make a clear plan for remaining payments and stick to it.
• Keep detailed records of all transactions and communications related to your EB-5 investment.
• Be prepared to provide additional evidence if USCIS requests it.

Remember, the key to a successful partial EB-5 investment is careful planning, attention to detail, and commitment to meeting all program requirements.

Invest With EB5AN

Deciding between a full or partial EB-5 investment is a personal choice based on your financial situation, risk comfort, and immigration goals. Partial investments offer benefits like securing an earlier priority date and reducing starting costs, but they also come with risks that need careful consideration.

Before making a decision, consult with experienced EB-5 lawyers, financial advisors, and other professionals who can help you weigh the pros and cons and develop a plan that fits your specific needs and goals.

If you’re unsure where to start, EB5AN can help. Our expert team has extensive experience assisting global clients in successfully obtaining EB-5 Green Cards. We also operate several regional centers that have a strong track record with partial EB-5 investments. Book a free consultation now.

U.S. tech giants Amazon and Google recently announced that they’ve suspended Green Card applications for the rest of 2024. This announcement comes in the wake of recent massive layoffs across the tech industry, which includes the bulk of H-1B workers.

Both companies are reported to have paused permanent labor certification (PERM) until 2025. Amazon announced its PERM suspension for the rest of 2024 earlier this year, while Google suspended PERM applications in January 2023 before laying off 12,000 workers. Google’s PERM suspension is set to last until Q1 2025.

Industry experts believe that many tech companies will follow in their footsteps and suspend PERM filings in the coming months. These events have sent ripples across the H-1B workforce, creating uncertainty for H-1B workers looking to become permanent U.S. residents.

Many H-1B visa holders have begun looking for alternative ways of acquiring U.S. permanent residency. The EB-5 program is one option that offers them a more permanent immigration solution.

In this article, we’ll discuss the implications of Amazon and Google’s Green Card suspensions for H-1B workers and how the EB-5 program can solve their immigration challenges.

Impact of Green Card Suspensions on H-1B Workers

The H-1B visa route allows U.S. companies to hire specialized foreign workers. Congress introduced the H-1B visa in 1990, and it quickly became a popular route for hiring foreign tech talent. Foreign professionals, especially Indian nationals, also saw it as an opportunity for career advancement in the U.S.

However, the recent changes in the tech industry have disrupted many H-1B workers’ plans of securing U.S. Green Cards. Many H-1B workers have had to return to their home countries following the massive tech layoffs of the last few years. This is because the H-1B visa is employment dependent, meaning H-1B workers must leave the U.S. within 60 days if they cannot find new employment.

Amazon and Google’s Green Card application suspension has worsened this situation for H-1B workers. These suspensions mean that current H-1B employees of these companies whose visas are near the six-year limit will not receive sponsorship for their EB-2 or EB-3 Green Card applications. Experts predict that more H-1B workers may have to leave the U.S. in the coming years if this trend continues.

Aside from these issues, the H-1B visa has several other limitations that make pursuing U.S. permanent residency difficult for its holders.

Limited Allowance

The H-1B visa is a temporary non-immigrant visa that permits a three-year stay with the option of renewing for up to three additional years. You cannot renew your H-1B visa beyond this six-year limit except under specific conditions. Additionally, you must receive employer sponsorship for an EB-2 or EB-3 visa to remain in the U.S.

This poses two significant challenges. First, your employer may be unwilling to sponsor your EB-2 or EB-3 visa application. Second, If your employer agrees to sponsor your Green Card application, you may get stuck on the USCIS waitlist for years due to heavy backlogs in employment-based Green Card applications.

The H-1B visa also limits your career choices. Only a few companies hire H-1B workers, and if you want to switch employers, you must apply to USCIS for a new H-1B visa.

Family Restrictions

Although the H-1B visa allows you to bring your dependents (your spouse and unmarried children under 21) to the U.S., they can only work if they obtain individual employment permits. Their H-4 dependent visas are also entirely reliant on your H-1B visa. If you lose your job and ability to remain in the U.S., they must also leave with you.

Furthermore, your dependent children will lose their H-4 dependent status once they turn 21. Once this happens, they must switch to another visa route to continue residing in the U.S., or else they will have to leave.

Why the EB-5 Program Is a Better Solution for H-1B Workers

Given the uncertainties and limitations of the H-1B visa, it is often not a long-term solution for foreign professionals looking to make the U.S. their permanent home. H-1B workers, especially those in the tech industry, must start searching for an alternate way to remain in the U.S.

The EB-5 Immigrant Investor Program offers a more permanent immigration solution for H-1B workers. The program grants permanent residency to foreign individuals who can invest at least $1.05m or $800,000 (for TEA investments) in the U.S. economy and create at least 10 full-time jobs for American workers.

Although EB-5 is an employment-based preference, it does not require employer sponsorship. Instead, it requires you to create employment for qualified U.S. workers. There’s also no special educational or professional achievement requirement for the EB-5 visa.

Importantly, the EB-5 program offers the fastest route to acquiring a U.S. Green Card for H-1B workers, especially for Indian nationals, who make up most of the H-1B workforce.

Benefits of the EB-5 Program

Unlike the H-1B visa, the EB-5 visa is a direct route to U.S. permanent residency. EB-5 investors and their dependent family members will receive conditional Green Cards once their application is successful. They can then apply to have the conditions removed after two years and apply for U.S. citizenship by naturalization within two years of obtaining their Green Cards.

The EB-5 visa also offers more freedom and flexibility. EB-5 Green Card holders can live, work, or study anywhere in the U.S. And there are no employer limitations, so you can work for any employer you choose, start a business, or become an independent contractor.

The EB-5 Green Card also gives you and your family access to almost the same educational, financial, healthcare, and social benefits available to U.S. citizens. You and your family will also enjoy the freedom to travel in and out of the U.S. without restrictions.

Expedited Green Card With Rural Investments and Concurrent Filing

In 2022, Congress enacted the EB-5 Reform and Integrity Act (RIA), which introduced several welcome changes to the EB-5 program.

The RIA reserved 32% of the EB-5 annual allocation as “set-aside” visas. Under this set-aside category, 20% is allocated to rural TEA projects, 10% to projects in high-unemployment areas, and 2% to infrastructure projects. The RIA also instructs USCIS to prioritize processing for EB-5 investments in the rural category.

H-1B workers can take advantage of rural set-aside EB-5 visas and the priority processing provision to quickly secure their future in the U.S., as backlogs are yet to exist in this category. This option provides an easy route to escape the heavy backlog and long wait times in the EB-2, EB-3, and unreserved EB-5 categories, especially for Indian nationals, who are experiencing large backlogs.

Another beneficial provision of the RIA is its concurrent filing option. This provision allows EB-5 investors who are already in the U.S. on nonimmigrant visas to simultaneously apply for adjustment of status, a work permit, and a travel permit with their I-526E petition. Once you’ve filed these petitions, you can stay in the U.S. even if you lose your job before receiving approval.

The concurrent filing option throws a life-saving line to H-1B workers. They will typically receive their employment authorization documents and travel permits within a few short months, granting them the freedom to remain in the U.S. to pursue their career choices without restrictions.

EB5AN Can Help You Speed Up Your U.S. Green Card Journey

Unlike the H-1B visa, the EB-5 visa offers U.S. foreign workers more stability and security, especially with the tech industry’s massive layoffs. It provides a long-term immigration solution and guarantees access to the numerous opportunities in the U.S.

If you’re an H-1B worker looking for alternative pathways to permanent residency, you should consider the EB-5 program. And here at EB5AN, we can provide all the guidance you need for a successful EB-5 Green Card application.

EB5AN has successfully helped over 2,300 families from 60 countries relocate to the U.S. We offer our clients first-rate, low-risk EB-5 regional center projects with a 100% USCIS approval rate to date. We can help you find a project that suits your immigration and financial goals.

For more information about the EB-5 program and how to switch from an H-1B to an EB-5 visa, book a free one-on-one consultation with our expert team today.

The EB-5 program is one of the most popular pathways to obtaining a U.S. Green Card. The program grants U.S. permanent residency to foreign nationals who can invest substantially in the U.S. economy and create at least ten full-time jobs for American workers.

It has become increasingly sought after by high-net-worth individuals of diverse nationalities, with Indian and Chinese nationals topping the list of applicants. The reforms and policy changes that came with the EB-5 Reform and Integrity Act (RIA) of 2022 only further increased the demand for EB-5 visas by Indian investors.

In this article, we’ll outline the benefits the EB-5 program offers to Indian investors and how you can fast-track your immigration journey with the EB-5 visa route.

Direct Route to U.S. Permanent Residency

One of the most attractive benefits the EB-5 visa offers is a direct route to U.S. permanent residency and eventual citizenship.

The EB-5 Immigrant Investor Program was introduced by the U.S. Congress in 1990. It grants U.S. permanent residency to foreign investors and their immediate family members (spouse and unmarried children under 21) in exchange for an investment of $1.05 million, or $800,000 in targeted employment areas (TEAs).

While other pathways exist for Indian nationals to obtain a U.S. Green Card, most involve longer processes that create uncertainty. The EB-5 visa route also has fewer restrictions compared to most other immigration pathways. It does not require exceptional ability, educational qualification, professional accomplishment, or employer sponsorship.

Once you receive your EB-5 visa, you and your dependent family members can live, study, and work anywhere in the U.S. You’ll also enjoy freedom of travel in and out of the U.S. without restrictions.

You can become eligible for U.S. citizenship by naturalization after five years of residence in the U.S. with your EB-5 Green Card. The initial two-year conditional permanent residency period also counts towards the five-year qualifying residency period for your citizenship application.

Fast-Track Immigration

The primary challenge Indian nationals face when seeking U.S. permanent residency is the extensive backlog in employment-based Green Card applications. This is because, for several decades now, the annual demand for U.S. immigrant visas from Indians far exceeds the amount allocated by USCIS, creating a year-on-year waitlist.

According to recent USCIS data, over one million Indians are on the waitlist for employment-based visas. Some may have to wait years or even decades to be considered for a Green Card.

The EB-5 program offers Indians a pathway to escape the long wait times for a Green Card. Indians can benefit from the concurrent filing provision and reserved set-aside visas where there are currently no backlogs or extra wait time. We’ll discuss these advantages in the sections below.

Set-Aside Visas

RIA 2022 established a reserved “set-aside” visa sub-category that has improved EB-5 processing times for Indians and other high-demand nationalities. It allocates 32% of the annual EB-5 allocation as a set-aside visa quota: 20% for rural TEA projects, 10% for high-unemployment area projects, and 2% for developmental infrastructure projects.

Indian investors can avoid backlogs in the unreserved EB-5 category and receive their Green Cards quickly by investing in projects that qualify for the set-aside visa quota. Rural set-aside visas also receive priority processing from USCIS, and many investors have received I-526E approval within 12 months.

By investing in rural TEA projects, Indian investors can receive their Green Cards within months instead of waiting for several years or decades in the unreserved category.

Concurrent Filing

The concurrent filing option is another beneficial provision of RIA 2022. It allows EB-5 investors already in the U.S. on nonimmigrant visas to simultaneously file for adjustment of status (I-485), employment authorization, and travel authorization along with their EB-5 petition.

Indian nationals in the U.S. on nonimmigrant visas such as F-1 and H-1B visas are significant beneficiaries of this provision. They no longer have to leave the U.S. and apply for the EB-5 visa through consular processing or apply for visa renewal when their nonimmigrant visa expires.

With the concurrent filing provision, they can receive work and travel permits and enjoy the benefits of a U.S. Green Card while USCIS processes their EB-5 petition. This provision has benefited Indian H-1B professionals following the recent massive tech layoffs, allowing them to remain in the U.S. without employer sponsorship.

Enhanced Education and Employment Opportunities

The U.S. boasts some of the most prestigious educational institutions and one of the strongest economies worldwide. An EB-5 visa grants its holder and their derivative beneficiaries the freedom to study and work anywhere in the U.S.

With the EB-5 visa, your children can access world-class educational institutions. They can also benefit from scholarships and other financial aid available to U.S. citizens and permanent residents. Upon graduation, the EB-5 Green Card gives them access to limitless career opportunities in the U.S. and a stable footing to favorably compete in the job market.

Freedom and Flexibility

The EB-5 program offers the most freedom and flexibility among all U.S. employment-based visas. EB-5 rural TEA investors do not have to live near their projects or be actively involved in managing the operations of the new commercial enterprise.

It gives you more control over your life and future in the U.S. You and your family are free to live anywhere in the U.S., work for any employer you choose, open a business, attend any school or college, and travel without restrictions.

Minimal Investment and Job Creation Requirements

To qualify for the EB-5 visa, interested Indian citizens must invest $800,000 in a TEA project or $1.05 million in a new commercial enterprise outside of TEAs.

Many Indian investors prefer regional center-sponsored projects because most are located within targeted employment areas, requiring a lower investment of $800,000. It also minimizes the financial and immigration risk for the investor as most regional center projects are large-scale developments handled by experienced developers.

It can be easier for regional center investors to meet the job creation requirement for their EB-5 visa and get their funds back in a few years, since indirect and induced jobs can also be counted towards this requirement in regional center projects, as opposed to direct EB-5 investments.

Expedite Your Green Card With EB5AN

The EB-5 program is one of the fastest and easiest pathways for Indian nationals to obtain a U.S. Green Card. It enables you to avoid backlogs and long waitlists in other sponsored visa routes and offers more flexibility. It may be your best option as an Indian investor looking for a fast way to acquire U.S. permanent residency.

If you decide to pursue the EB-5 route, EB5AN can help you accelerate your journey of becoming a U.S. permanent resident. We’ve helped over 2,300 families successfully relocate to the U.S. in over a decade of practice. We offer our clients first-rate, low-risk EB-5 regional center projects with a 100% USCIS project approval rate to date.

To learn more about EB-5 regional center projects and how we can help you expedite your Green Card journey, schedule a one-on-one call with our EB-5 experts today.

The EB-5 Immigrant Investor Program, launched by the U.S. Congress in 1990, allows foreign investors to obtain U.S. Green Cards by investing in projects that create jobs. Investors must invest at least $800,000 in targeted employment areas (TEA)—or $1,050,000 in other regions—into a new commercial entity (NCE) that generates at least ten full-time jobs for U.S. workers. After the investment is made and the jobs are created, investors can apply for a two-year conditional Green Card. To later remove conditions on the Green Card and gain full permanent residency, investors must show that their money remained in the project and maintained the jobs for two years.

However, many EB-5 investors face a challenge called redeployment. This occurs when an investor’s initial EB-5 project is completed, and the jobs are created before the investor receives their permanent Green Card. When this happens, the project must return the investor’s money to comply with EB-5 rules. To ensure the investor can still get a Green Card, the funds must be reinvested into a new project that meets EB-5 requirements.

Redeployment is becoming more common due to government processing times for EB-5 applications, long waiting lists in some countries, and many EB-5 projects finishing ahead of schedule, completing construction and job creation faster than planned. However, redeployment can present significant challenges for EB-5 investors, who must reinvest their money while adhering to strict rules and protecting their investments. This can be a stressful and confusing process.

In this article, we will discuss the problems that usually accompany EB-5 redeployment, and how to deal with them.

Problems for EB-5 Investors

When redeployment happens, investors usually have no control over how their money is reinvested. The EB-5 fund managers or regional centers make these decisions, which might result in new projects that do not align with the investor’s preferences. Additionally, the new project might be riskier than the initial one, placing investors who originally chose safe EB-5 projects into potentially unstable investments. The returns from the new project might also be lower, as regional centers may focus more on compliance than on maximizing investor profits.

Moreover, investors may face longer waits to retrieve their funds, disrupting plans and causing financial difficulties if the funds are needed for other purposes. These problems can be challenging for investors who have invested significant money in the EB-5 program to obtain a Green Card, only to find the process prolonged and uncertain due to redeployment.

USCIS Rules for EB-5 Redeployment

The U.S. Citizenship and Immigration Services (USCIS) has specific rules regarding EB-5 redeployment:

• The money must be reinvested in a new project, ensuring the project continues to benefit the U.S. economy.
• The investment must remain “at risk” for at least two years, meaning the investor could lose the money and their immigration prospects if the project fails.
• Redeployment must generally occur within 12 months of the initial project’s completion. However, if delays are beyond the investor’s control, USCIS may allow for longer periods.
• The regional center must inform investors about the new project and how it complies with EB-5 rules.

However, the rules can be unclear and confusing, leading to different interpretations. This further complicates the situation for investors trying to secure their Green Cards.

What’s Next for EB-5 Redeployment

The enactment of the EB-5 Reform and Integrity Act (RIA) in March 2022 introduced new considerations regarding the definition of the sustainment period for EB-5 investments.

The RIA revised previous EB-5 guidelines, mandating that investor funds must remain invested for a minimum of two years. Before this amendment, the sustainment period was linked to the investor’s two-year conditional residency period. Consequently, under the pre-RIA rules, investors were not eligible for the repayment of their EB-5 investment until they had obtained and maintained their conditional Green Card for two years. This regulation continues to apply to those who made their EB-5 investments prior to the implementation of the RIA.

However, the new provisions about the two-year sustainment period were challenged in court by some industry stakeholders. Invest in the USA (IIUSA), a membership-based 501(c)(6) not-for-profit industry trade association for the EB-5 Regional Center Program, filed a federal lawsuit against USCIS on March 29, 2024, challenging the new policy that shortens the EB-5 investment sustainment period to two years from the date of investment.

In addition to the lawsuit, IIUSA has proposed a new regulation to extend the required sustainment period to five years. If both the lawsuit and the proposed rule are successful, they would impact the sustainment period for thousands of EB-5 investors who filed their immigrant petitions after the RIA.

How to Deal With EB-5 Redeployment

Despite the difficulties of redeployment and the current uncertainty regarding the future of the sustainment period rule, investors can take steps to protect their money and make informed decisions. Here are a few best practices:

• Carefully read all documents to understand the redeployment plans. Look for any red flags or unusual details.
• Maintain regular communication with the regional center to stay informed. Don’t hesitate to ask questions and request
• updates.
• Seek assistance from EB-5 lawyers and financial advisors. They can explain the process and help investors make decisions based on their circumstances.
• Consider investing with regional centers that have a good track record with honest redeployment.

EB5AN understands these challenges and takes a responsible approach to redeployment. We reinvest funds into similar real estate projects with the same risk profile, developer, and returns as the original investment. In Q4 of 2023, EB5AN successfully completed the Saltaire St. Petersburg waterfront condominium project by Kolter, generating over 2,000 EB-5 jobs. Kolter fully repaid the EB-5 equity investment principal. However, as the EB-5 investors were not yet eligible for repayment, EB5AN reinvested the funds into a similar waterfront condominium project by Kolter in Sarasota, Florida.

Redeployment in EB-5 investments can be complex, and each project is unique. To minimize risks, it’s important to understand every aspect of your investment, including the potential for redeployment. Schedule a call with our team today to discuss any questions you may have about redeployment, rural TEA projects, or other EB-5-related topics.

The EB-5 Immigrant Investor Program is a U.S. visa program that allows foreign investors and their eligible family members to obtain Green Cards and become permanent residents. To qualify, the foreigner must make an investment in a U.S. business that creates at least 10 full-time jobs for American workers.

There are two main types of EB-5 investments: direct investments into a new business, or investments made through an EB-5 regional center. Regional centers are organizations designated by the U.S. Citizenship and Immigration Services (USCIS) to manage EB-5 investment projects. Most EB-5 investors choose the regional center path because it simplifies the process and provides additional protection.

The minimum investment threshold for EB-5 investments in targeted employment areas (TEA) is $800,000, and $1,050,000 elsewhere. TEAs are divided into three categories: high unemployment or “urban” TEAs, rural TEAs, and select infrastructure projects.

In this guide, we’ll explore the specific benefits of rural EB-5 projects and how to best use them to get a fast-track to a U.S. Green Card.

Benefits of Investing in a Rural EB-5 Project

Lower Investment Amount

As mentioned above, the standard minimum investment amount for an EB-5 visa is $1,050,000. However, for projects located in a TEA, the minimum investment is reduced to $800,000. By selecting a strong rural EB-5 project, foreign nationals can also mitigate project failure risks and increase their chances of successfully getting their funds back.

Faster Application Processing

Under the EB-5 Reform and Integrity Act of 2022 (RIA), EB-5 investors in rural TEA projects get priority processing of their Form I-526E petition, which is the first step in the EB-5 visa process.

While processing times can be different for each case, many rural TEA investors have received I-526E approval in under 12 months, compared to several years for other categories.

Faster processing times mean that investors and their families can obtain their Green Cards much sooner. The priority processing provision only applies to rural EB-5 projects, so investors in urban TEAs or non-TEA regions cannot benefit from this opportunity.

Reserved Visa Numbers

Each year, 20% of all EB-5 visas are reserved for investors in rural TEA projects. In contrast, only 10% are reserved for high-unemployment urban TEA projects.

These reserved visas are not subject to the long backlogs that can affect other EB-5 visa categories, particularly for investors from high-demand countries like China and India. That’s why choosing a rural TEA project provides a much easier path for these investors to get a U.S. Green Card.

As of July 2024, the reserved visas for rural investors remain available, with relevant data not suggesting any backlogs soon.

What Qualifies as a Rural TEA Project?

To be designated as a rural TEA, a project must be located in an area that has a population under 20,000 and is outside of any city or town with a population of 20,000 or more.

The EB-5 rural TEA incentives were created to encourage economic growth and job creation in less populated areas that historically have not received as much investment as larger cities. By putting EB-5 funds into rural projects, the program aims to improve these communities and generate new job opportunities.

Selecting a Strong Rural EB-5 Project

While rural TEA projects offer many benefits, investors must still be careful when selecting a suitable EB-5 project. Below are some key factors to consider.

Regional Center Experience and Track Record

Look for an EB-5 regional center with a history of successful rural projects that have been approved by USCIS and delivered petition approvals to investors before. The regional center should have deep experience in understanding the EB-5 program requirements and a thorough vetting process for selecting viable projects.

Project Location and TEA Status

Verify that the project is genuinely located in a rural TEA that meets the population and geographic conditions. Be careful of projects that may try to change the population data to qualify as a TEA on paper without being in a real rural area.

Job Creation and Project Progress

Ideally, the project should already be under construction and created some jobs already. This will make it more likely that the project will meet the EB-5 job creation requirements in the future. Look for information on the project’s budget and timeline.

Financial and Legal Structure

Carefully review the project’s business plan and other financial and legal documents. The capital should include other sources of funding besides EB-5, such as bank loans, developer equity, or bond financing. A good project will also offer guarantees to investors, such as a refund if their I-526E is denied or a completion guarantee for the construction.

Repayment Terms

Find out the expected timeline for the return of your EB-5 investment, which typically happens after you get your permanent Green Card. The repayment terms should be clearly stated and realistic based on the project’s revenues and exit strategy.

EB-5 Rural Project Risks

While the EB-5 program offers a special opportunity for foreign investors to gain U.S. residency, it is not without risks. As with any investment, there is always a risk of losing money if the project fails.

There are also risks related to the immigration process, such as denial or delay of the investor’s visa petitions, changes to the EB-5 program rules, or the project failing to create the minimum number of jobs.

Investors should carefully consider these risks before making an investment decision and find a low-risk project that is likely to succeed within the given timeframe.

Throughout the investment process, it is crucial to work with experienced EB-5 professionals, including a qualified immigration attorney, to ensure you meet all requirements and handle any challenges that may arise.

Invest in EB-5 Rural TEAs with EB5AN

EB5AN has sponsored over 15 successful projects under the EB-5 Regional Center Program. All our projects have a 100% approval rate from USCIS, and all EB-5 funds are either in good standing or have been repaid.

Our EB-5 rural projects offer all rural TEA benefits listed above. Investors in these projects who are in the U.S. on other visas, including those from China and India, can apply for employment authorization documents (EADs) and advance parole (AP) travel documents at the same time as filing Form I-526E.

Read more about our low-risk EB-5 rural projects here:

Snake River Sporting Club EB-5 Rural Project (Loan)

Twin Lakes Georgia EB-5 Rural Project (Loan)

If you want to learn more about getting U.S. Green Cards by investing in a rural EB-5 project, please schedule a free meeting with our expert team today.