How Indian H-1B Workers Can Use EB-5 to Stay in the U.S. Legally

Thousands of skilled workers from India move to the U.S. each year on H-1B visas, filling key roles in industries like tech, healthcare, finance, and other growing industries. However, after up to six years, they must either leave the U.S. or transition to a Green Card pathway.

Sadly, because of their temporary visa status and the fact that many Green Card processes take time, sudden immigration bans or policy changes mean Indian workers on H-1B could lose their ability to live and work in the U.S. Thankfully, one of the best ways to mitigate this risk is through the EB-5 Immigrant Investor Program.

This article will explain how the EB-5 program works and why it offers a strong solution for Indian H-1B holders who want to fast-track their permanent residency to secure their future in the U.S.

Understanding the H-1B Visa

H-1B visas are nonimmigrant work visas that allow U.S. employers to hire skilled foreign workers for specific job roles. The visa is employer-sponsored and usually valid for an initial period of three years, which is extendable to up to six years. During that time, you can live and work in the U.S., but under the following strict conditions:

• You must continue to work for your sponsoring employer.
• You must work in the role described in your H-1B petition.
• You must receive the required wage and meet work conditions approved by USCIS.
• You must not remain unemployed beyond the grace period allowed after a layoff or resignation.

Any change in employment, location, job role, or salary requires an H-1B amendment or transfer because even small errors in paperwork can terminate your H-1B status.

Termination of Employment

The most common cause of unlawful presence for H-1B workers is job loss. If your employer terminates the job offer, your H-1B status ends immediately. However, you have a 60-day grace period to find a new employer and file for an H-1B transfer. If you cannot do that within this time frame, you fall out of status.

When out of status, you can no longer work legally and might begin to accrue unlawful presence. Additionally, you may face penalties when applying for other visas or Green Card pathways. If you remain in unlawful status for over 180 days, you could ultimately face a ten-year ban from reentering the U.S.

How EB-5 Solves These Problems

The EB-5 Immigrant Investor Program is a U.S. government initiative to boost economic growth and create jobs through foreign capital in exchange for permanent residency. To qualify, applicants must make the minimum required investment of $800,000 for projects in targeted employment areas (TEAs) and $1,050,000 for non-TEA projects. Furthermore, the investment must create at least 10 full-time jobs for American workers.

Unlike the H-1B visa, the EB-5 program offers the following benefits:

• Freedom from employer sponsorship: The biggest advantage of EB-5 is that it does not depend on employment. Even if you, as an H-1B worker, lose your job after filing an EB-5 petition, you can still move forward with your Green Card application. In fact, you can switch careers, start your own business, or even stop working if needed.
• Faster processing through reserved categories: Compared to the decades-long waiting times for Indian nationals under other immigrant visa categories like EB-2 or EB-3, the EB-5 reserved categories currently have faster processing times.
• Protection from future immigration bans: Most immigration restrictions affect nonimmigrant visas like the H-1B. By getting permanent residency through EB-5, you avoid sudden policy changes that affect temporary visa holders.
• Family security: EB-5 allows you to include your spouse and children (under 21) in your petition. If eligible to adjust status concurrently, your family can qualify for work and travel rights even before the Green Card is approved, depending on your case and filing strategy.
• Path to U.S. citizenship: You and your family become eligible to apply for U.S. citizenship within just five years of receiving your Green Cards.

How Indian H-1B Families Can Access Green Card Privileges in Weeks

As mentioned above, thanks to changes introduced by the EB-5 Reform and Integrity Act, Indian H-1B workers can now take advantage of concurrent filing. This allows them to submit their EB-5 petition (Form I-526E) and their adjustment of status application (Form I-485) at the same time, if the visa category is current for India.

With this option, you can receive important immigration benefits (before your Green Card is approved) within a few months. These include:

• Employment Authorization Document (EAD) to work legally in the U.S.
• Advance Parole to travel internationally without needing a visa re-stamping.
• Legal protection to stay in the U.S. while your Green Card application is pending, even if your H-1B status ends.

This means Indian H-1B workers and their families can continue living and working in the U.S., independent of their H-1B or H-4 status. They can also travel more flexibly, which is especially helpful for spouses who face delays in renewing their H-4 permits.

Why Indian H-1B Workers Need to Act Fast

Indian nationals make up more than 72% of all H-1B visa recipients, according to a recent Department of Homeland Security (DHS) report. With such high demand, Indian H-1B holders face growing backlogs in the EB-5 program, especially in the unreserved category, which is already retrogressed for Indian applicants. While visa set-aside categories are still available, they could retrogress soon, thus ending the concurrent filing advantage.

The U.S. government monitors Green Card demand through the monthly Visa Bulletin. If EB-5 applications from India continue to rise in specific categories, cut-off dates for reserved set-aside visas could also be introduced, just like the unreserved categories. So, filing now, while priority dates remain current, offers a unique opportunity for Indian H-1B holders to move forward on a stable path to permanent residency.

Contact EB5AN to Secure Your Future in the U.S.

H-1B holders face many risks, as one job layoff, delay, or switch in policy can threaten everything you have built so far. Luckily, the EB-5 program can give you the flexibility and peace of mind to create a more secure future in the United States.

EB5AN, a leading EB-5 firm, specializes in guiding investors, including Indian nationals, through the complexities of the EB-5 program. With over a decade of experience, we have helped more than 2,700 families from 70+ countries become lawful United States Green Card holders.

Feel free to book a one-on-one call with our team today so you never have to worry about your legal status again.