If you are currently in the US on an H-1B, F-1, or B-1/B-2 visa, you may be wondering about your options for staying in the country. While these visas are temporary, there is a path to permanent residency through the EB-5 program.
EB-5 Program Adjustment of Status Packages
The EB-5 program offers a path to permanent residency in the United States for foreign investors. By investing at least $900,000 in a US commercial enterprise that will create at least ten full-time jobs for US workers, investors can obtain a green card. For Indian nationals, investing in rural, high unemployment or infrastructure areas can speed up the processing time of their application.
This is because these areas have been designated as “Targeted Employment Areas” (TEAs) and qualify for certain benefits and incentives under the EB-5 program. Additionally, those who are lawfully present in the US on non-immigrant visas, such as H-1Bs, may be able to file concurrent Adjustment of Status cases with their I-526 initial applications, allowing them to stay in the US lawfully while awaiting the processing of their application.
With a work and travel document arriving 6-8 months on average, EB-5 investors can work lawfully in the US in any capacity, including owning and operating their own business.
H-1B Visa & Adjustment of Status Program
H-1B visas, which are valid for up to six years with extensions, have dual intent, meaning that you can file an Adjustment of Status package along with the I-526 EB-5 package. The Adjustment of Status package includes the I-485, I-131, and I-765 forms. F-1 student visas are valid until graduation or Duration of Status, while B-1/B-2 visas are valid for six months with the ability to extend for up to six more months.
However, it’s important to note that not all countries and all EB-5s are eligible for this option. EB-5s are current for many countries, but not for China and India, except for Rural, High Unemployment and Infrastructure deals.
If your priority date is current, you can file the Adjustment of Status package. On average, it takes 6-8 months to receive a work and travel document, which allows you to work lawfully in the United States in any capacity, including opening and operating your own business.
F-1 Student Visa & Adjustment of Status Program
As an F-1 student visa holder, you may be interested in exploring your options for staying in the United States after graduation. One viable option is the EB-5 program, which allows foreign investors to obtain a green card by investing at least $900,000 in a US commercial enterprise that will create at least ten full-time jobs for US workers.
Note: that EB-5s are current for many countries but not for China and India except for Rural, High Unemployment, and Infrastructure deals.
Investing in a Targeted Employment Area (TEA) can speed up the processing time of an EB-5 application. TEAs are designated as areas with high unemployment rates or located in rural or underdeveloped areas, and they qualify for certain benefits and incentives under the EB-5 program. For F-1 visa holders, it’s important to note that they may be eligible to file a concurrent Adjustment of Status case with their EB-5 application. This means that they can stay in the US lawfully while awaiting the processing of their application.
With an EB-5 green card, F-1 visa holders can work lawfully in the US in any capacity, including owning and operating their own business. It’s important to consult with an experienced immigration attorney to determine the best course of action for your specific situation. Remember that filing an Adjustment of Status case along with the EB-5 application is only an option for those with dual intent visas, such as H-1Bs.
Adjusting your status from an H-1B, F-1, or B-1/B-2 visa to an EB-5 may be a viable option for those seeking permanent residency in the United States. However, it’s important to consult with an experienced immigration attorney to determine the best course of action for your specific situation. Remember that filing the Adjustment of Status package along with the I-526 EB-5 package is only an option for H-1Bs with dual intent.
EB-5 Program Adjustment of Status
Step-by-Step Process
Here’s a step-by-step process for non-citizens to obtain permanent residency in the U.S. through the EB-5 program:
- Conduct thorough research: Before committing to an investment, do your research and find a reputable Regional Center to invest in. A Regional Center is a private, public, or a combination of entities that promote economic growth within a certain geographical region in the United States. These centers can guide investors with investment opportunities suited to their interests and investment requirements. You can search for approved regional centers on the USCIS website.
- Make your investment: Once you have found a suitable Regional Center to invest in, you’ll need to transfer the minimum required amount to an escrow account. Once your I-526 petition is adjudicated and approved, the funds will be released to the Regional Center.
- File the I-526 petition: The I-526 petition is the first step in obtaining permanent residency through the EB-5 program. The petition must be filed with U.S. Citizenship and Immigration Services (USCIS) with the required documentation. It is important to submit a complete and accurate application to avoid any delays.
- Conditional residency: Once your I-526 petition is approved, you will receive conditional residency for two years. During this period, you must monitor and document the creation of at least 10 full-time jobs created through your investment.
- File the I-829 petition: In order to remove the conditional residency, the investor must file an I-829 petition within 90 days of the second anniversary of the initial grant of conditional residency. The I-829 petition should include documentation that demonstrates the job creation requirement has been met.
- Obtain permanent residency: If your I-829 petition is approved, you will be granted permanent residency in the United States.
Required Documents and Fees
The following documents and fees are typically required for the EB-5 program:
- I-526 petition
- I-829 petition
- Proof of investment funds
- Business plan for the commercial enterprise
- Tax returns
- Passport
- Filing fees for the USCIS
The filing fees for the I-526 petition is $3,675, and the I-829 petition is $3,750. It is important to note that additional fees such as legal fees, document preparation fees, and Regional Center fees may apply.
Important Details for Non-citizens with H-1B, F-1, or B-1/B-2 Visas
Non-citizens who hold H-1B, F-1, or B-1/B-2 visas can participate in the EB-5 program. However, it is important to consult with an immigration attorney to ensure that the investment does not violate the terms of your nonimmigrant visa.
Conclusion
If you are currently in the US on an H-1B, F-1, or B-1/B-2 visa, and interested in obtaining permanent residency through the EB-5 program, it’s important to be aware of some crucial details. First, non-citizens who hold H-1B, F-1, or B-1/B-2 visas can participate in the EB-5 program. However, it is important to consult with an immigration attorney to ensure that the investment does not violate the terms of your nonimmigrant visa.
Second, H-1B visa holders can file an Adjustment of Status package along with the I-526 EB-5 package, as H-1Bs have dual intent. F-1 visa holders, on the other hand, may be eligible to file a concurrent Adjustment of Status case with their EB-5 application, but it’s important to note that this option is only available if the F-1 holder has maintained lawful nonimmigrant status and has not engaged in unauthorized employment.
Finally, it’s important to consult with an experienced immigration attorney to determine the best course of action for your specific situation. Remember that additional fees such as legal fees, document preparation fees, and Regional Center fees may apply. It’s also important to note that filing an Adjustment of Status case along with the EB-5 application is only an option for those with dual intent visas, such as H-1Bs.