Can someone with an H1B visa apply for an EB-5 visa?

The United States offers various immigration pathways for those who want to live and work in the country. Two popular options include the H1B visa for skilled workers and the EB-5 immigrant investor program.

Can I Apply for EB-5 While on H1B?

Yes, you can apply for an EB-5 visa while on an H1B visa. The H1B and EB-5 visas are not mutually exclusive, meaning you can hold an H1B visa and still pursue the EB-5 immigrant investor program.

Dual Intent: H1B visas allow for “dual intent,” which means you can have the intention to stay in the U.S. temporarily for work (H1B) while also having the intention to obtain permanent residency (EB-5) in the future.

Legal Status: It’s crucial to maintain your legal status on your H1B visa while pursuing the EB-5 program. Any violation of your H1B status can lead to issues with your immigration process.

Investment Requirement: To qualify for the EB-5 program, you’ll need to make a significant financial investment in a new commercial enterprise. This investment should meet the program’s requirements, including job creation.

Consular Processing: If your EB-5 petition is approved, you may need to undergo consular processing in your home country before entering the U.S. with your immigrant visa.

Priority Date: Keep in mind that the EB-5 program may have a waiting period due to annual

visa limits. Your priority date, which is the date your EB-5 petition is filed, determines when you can move forward with the green card process.

When you choose AGACS PVT LTD, you can trust that your EB-5 visa application will proceed smoothly and with expert guidance.

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