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Is EB-5 or E-2 the Better U.S. Visa Option for H-1B Workers?

A diverse group of confident professionals standing in front of a U.S. flag backdrop, symbolizing visa options for skilled H-1B workers seeking permanent residency through EB5 or E2 investment routes.

The H-1B visa helps many skilled foreign workers work legally in the United States while building their careers. However, the caveat is that if you lose your job, your visa is at risk. You have only 60 days to either find another employer, change your status, or leave the U.S.

This situation puts many H-1B workers under pressure and distress because the idea of leaving all they have built behind is hard. For those in this position, two options stand out: the E-2 treaty investor visa and the EB-5 immigrant investor visa. Although both involve investing in the U.S. economy, they are not the same.

In this article, we will explore how each one works and help you select the best option for yourself and your family.

What Is the E-2 Visa?
What Is the EB-5 Visa?
Why EB-5 Is a Better Long-Term Solution
Secure Your Green Card With EB5AN

What Is the E-2 Visa?

The E-2 visa is a nonimmigrant visa that allows people from certain countries to invest in and run a business in the United States. It is often called the “treaty investor visa” because it is only available to nationals of countries that have a trade treaty with the U.S.

To qualify for an E-2 visa, you must:

  • Be a citizen of a treaty country.
  • Invest a substantial amount of money in a U.S. business.
  • Own at least 50% of the business or hold a key managerial role.
  • Show that the business is real and active, not marginal or just set up to meet visa rules.

The E-2 visa allows you to live and work in the country while managing that business. Additionally, it is usually granted for two to five years, and can only be renewed as long as the business remains active and meets the requirements.

However, the E-2 visa is temporary and does not directly lead to a Green Card. That means you can live in the U.S. for several years on an E-2, but still have no clear path to permanent residency or citizenship.

What Is the EB-5 Visa?

A man holding a laptop in an office lobby, representing an H1B visa holder exploring EB5 and E2 visa alternatives to maintain legal U.S. status after job loss.

The EB-5 visa is an immigrant visa that allows foreign investors to obtain a Green

Card by investing in the U.S. economy. It is also known as the Immigrant Investor Program and is managed by U.S. Citizenship and Immigration Services (USCIS).

To qualify for the EB-5 visa, you must:

  • Invest $800,000 in a targeted employment area (TEA), or $1,050,000 in a non-TEA location.
  • Create at least 10 full-time jobs for U.S. workers.
  • Prove that the investment funds came from a legal source.
  • Keep the funds at risk for a set period of time.

With the EB-5 visa, after making the required investment, you can apply for a Green Card.

You will receive conditional residency for two years, during which time you must demonstrate that your investment has created or will create the required number of jobs. Once the conditions are met, your status can be upgraded to full permanent residency. For H-1B workers in distress, this visa can provide security and long-term peace of mind.

Why Is EB-5 a Better Long-Term Solution?

While both the E-2 and EB-5 visas involve investing in the U.S., only EB-5 leads to permanent residency. Beyond this key benefit, the EB-5 visa also offers the below.

1. You Enjoy Citizenship Benefits

With EB-5, you’re no longer tied to an employer, a business, or a visa that must be renewed. Therefore, you can work for any company or not at all, live anywhere in the U.S., and travel freely in and out of the country. Also, you can apply for U.S. citizenship after five years, which the E-2 visa simply does not offer.

2. You Don’t Have to Run a Business

The E-2 visa requires hands-on management of a business, which might not be easy, especially for someone who does not necessarily have relevant experience. In contrast, the EB-5 program offers the option of passive investment through regional centers. This means:

  • You don’t need to hire staff or manage day-to-day operations.
  • You don’t need business experience.
  • You can focus on your career, studies, or family.

3. Open to All Nationalities

Flags of various countries waving against a blue sky, representing global eligibility for the EB5 visa and the treaty-based limitations of the E2 visa.

The E-2 visa is only available to people from treaty countries. Therefore, workers from a country like India, who make up the majority of H-1B visa holders, do not qualify, even if they have the investment funds and business skills to invest.

On the other hand, the EB-5 visa is open to everyone, no matter your country of origin.

4. More Protection for Families

The EB-5 visa offers Green Cards for your family, including your spouse and children under 21. That means your spouse can work in any field and your children can attend U.S. schools and colleges. Moreover, you don’t need to worry about your child aging out or losing status. This kind of protection is important for H-1B families who want to settle and build a life in the U.S.

Secure Your Green Card With EB5AN

Hands gently shielding a smiling wooden family figure set, illustrating the EB5 visa’s family benefits, including Green Cards for spouses and children.

For H-1B workers facing uncertainty with their visa status, the EB-5 visa offers a more reliable, stable, and secure route to permanent residency.

At EB5AN, we understand how important getting a Green Card is to you and your family’s future. So, our team is here for you whenever you are ready to take this next step. We have helped more than 2,700 families from 70+ countries become lawful permanent residents of the United States, and we can help you too.

Book a free call with our expert team