How To Switch To An EB-5 Visa In 2025: The Ultimate Guide
A significant percentage of EB-5 Visa applicants are foreigners already living in the USA, having legally entered the country on non-immigrant visa categories like the F1 (study), H1B (specialized employment) or an E2 Visa (investing in and managing a business).
Whilst you can have what is known as “dual intent” as an H1B Visa holder – meaning that you also wish to pursue legal permanent residency status and a green card – the journey towards obtaining an eventual green card can be unstable and fraught with uncertainty. (Especially if you have a spouse and minor children relying on your visa status.)
Which is exactly why many high-earning H1B visa holders, in particular, may consider switching to the EB-5 Visa category if they get laid off: It can provide an opportunity for permanent residency for the investor, their spouse, and unmarried children under 21.
An EB-5 Visa can also radically simplify the permanent residency journey for graduating students, who would otherwise be looking at years of uncertainty, stress and bureaucratic red tape.
But before we get into the process of how to switch to an EB-5 Visa in 2025 in detail, let’s take a quick look at some of the typical visa categories held by in-country applicants…
Common US visa categories from which immigrants can switch to an EB-5 Visa in 2025…
| US Visa Category | Initial Validity | Potential Path(s) To Permanent Residency |
|---|---|---|
| F1 Visa (Study Visa – NON-immigrant) | Typically based on length of studies. F1 Visa holders are allowed to stay in the US as long as they maintain their full-time student status, and make adequate academic progress.
F1 Visa validity can be extended for Optional Practical Training (OPT) in their field of study, typically for up to 12 months, or even longer for STEM (Science, Technology, Engineering, and Mathematics) graduates. |
F1 Visa >> Optional Practical Training (OPT) >> employment-based green card – e.g. H1B, EB-1, EB-2, or EB-3;
Family-sponsored green card; Other avenues, depending on eligibility (e.g. EB-5 Visa, subject to making an eligible investment and meeting the required job creation requirements). |
| H1B (Specialty Occupation Visa – NON-immigrant) | Typically valid for up to 3 years, extendable up to 6 years. | Employer-sponsored, employment-based green card Other avenues, depending on eligibility (e.g. the EB-5 program, subject to meeting its investment and job creation requirements). H1B Visa holders can switch employers and maintain their legal status, as long as the new employer files a new H1B petition on their behalf. |
| E2 Visa (Investing in and Managing a Business – NON-immigrant) | Variable based on individual countries’ E2 treaty terms, but valid from as little as 3 months up to 5 years. Renewable indefinitely, subject to the requisite E2 program requirements continually being met. |
Employment Based Green Card (EB-5);
Change of Status to a Dual Intent Visa; Extraordinary Ability or National Interest Waiver (EB-1 or EB-2) |
| EB-2 Visa (Specialized Employment Based – Immigrant) | The validity of an EB2 Visa, or more accurately, the validity of the immigrant visa petition (Form I-140) filed under the EB2 category, does not have a set expiration date. The EB2 visa category is part of the employment-based preference system for immigrant visas, and the duration of the validity is not determined by a specific time limit like non-immigrant visas. |
Employment-based green card through employer sponsorship, potentially through the National Interest Waiver (NIW) for some individuals;
Other avenues depending on eligibility (e.g. EB-5 Visa, subject to making an eligible investment and meeting the required job creation requirements. |
|
L1 Visa (L1A, L1B: Intracompany Transfers – NON-Immigrant) |
L1A managers and executives can stay for up to 7 years. L1B employees with specialized knowledge can stay for up to 5 years. L1 Visa holders are allowed to have “dual intent”.
Allows multinational companies to transfer employees with specialized knowledge, or managers, from their foreign offices to their US offices. |
Various options available, including via the:
Employment-Based Green Card (EB1C); Labor Certification and Employment-Based Green Card (EB2 or EB3); National Interest Waiver (NIW). |
To learn more about the differences between the H1B and the EB5 Visa, click here.
How to switch To An EB-5 Visa From An F1 Visa?
The road to a green card from being a F1 student visa holder is by no means an easy one – and you cannot directly apply for a green card after completing your studies.
For starters, strict work limitations apply to the F1, which is a non-immigrant visa. And whilst your family can join you on the so-called F2 dependent visa, they won’t be allowed to work in the US either.
After you graduate, you’d typically be eligible to remain in the US for Optional Practical Training (OPT), which can be extended for 24 months if you’re a STEM graduate – i.e. you’re qualified in Science, Technology, Engineering or Math.
But after completing OTP, most graduates want to start their career in the US. At that point, you’d likely consider applying for a the H1B temporary, non-immigrant work visa. The H1B is good for up to 6 years, but in order to be eligible, you’ll need an employer to sponsor you.
Moreover, demand for the H1B is massive, and USCIS runs a lottery system to determine which applications are processed – so yours may not get processed. The H1B visa is also subject to annual caps.
(Plus, if you get fired or retrenched, you’d have only 60 days to find a new job willing to sponsor you)
There are also other employment-based visa categories to consider, for example the EB1, EB2 and EB3 visas, but these are all hard to get, difficult to navigate, and subject to very lengthy backlogs.
This is where the EB-5 immigrant investor program can offer a viable solution.
But beware: switching to an EB-5 Visa is by no means a DIY project – it’s a complex process that requires careful planning, professional assistance, and close adherence to US immigration regulations.
Ahead of the program changes implemented as part of the EB-5 Reform and Integrity Act (RIA) of 2022, switching from an F1 visa to an EB-5 would typically feature the following steps:
Step 1. Complete Studies or Optional Practical Training (OPT): Before considering the switch to an EB-5 visa, you should either complete your studies or utilize any available Optional Practical Training (OPT) if you are eligible. OPT allows F1 students to work in their field of study for a certain period after completing their academic program.
Step 2. Secure your EB-5 Investment capital: The EB-5 program requires a substantial capital investment in a new commercial enterprise that creates or preserves at least 10 full-time jobs for qualifying US workers. Secure the necessary funds for your EB-5 investment. The minimum investment amount is generally $1.050 million, but it can be $800,000 if the investment is made in a Targeted Employment Area (TEA).
Step 3. Identify a Qualifying EB-5 Regional Center Project or Direct EB-5 Business: Most applicants opt for a qualifying EB-5 Regional Center project to invest in, although you do have the option of choosing a direct EB-5 investment, too. Ensure that the project meets the EB-5 program requirements, and work with legal and financial professionals to conduct appropriate due diligence.
Make the required investment in the chosen EB-5 project or business. Prepare comprehensive documentation demonstrating the lawful source of the investment funds. This is a critical aspect of the EB-5 process.
Step 4. File Form I-526 (Immigrant Petition by Alien Entrepreneur): Submit Form I-526E to US Citizenship and Immigration Services (USCIS) to petition for immigrant status under the EB-5 program. This form provides evidence of the investment and the business or project’s compliance with EB-5 requirements.
Step 5. Conditional Permanent Residency (I-485 or Consular Processing): Once the Form I-526E is approved, if you are already in the US, you can apply for a so-called Adjustment Of Status (Form I-485) to obtain conditional permanent residency. If you are outside the US, you could go through consular processing to obtain an immigrant visa.
Step 6. Remove Conditions (I-829): Within the 90-day period before the second anniversary of obtaining conditional permanent residency, file Form I-829 to remove the conditions and obtain permanent residency. This involves providing evidence that the investment was sustained and job creation requirements were met.
Step 7. Maintain Compliance: Throughout the process, it’s crucial to maintain compliance with the terms of your F1 visa until you transition to conditional permanent residency under the EB-5 program.
This, broadly speaking, were the steps you had to take before the RIA changes mentioned above took effect.
Since this Act was implemented on March 15 of 2022, EB-5 investors started benefiting from the ability to submit a concurrent filing of Form I526 (Immigrant Petition by Standalone Investor) and Form I485 (Application to Register Permanent Residence or Adjust Status).
Filing concurrently can significantly shorten the applicant and their family’s timeline to moving to the USA.
How to switch To An EB-5 Visa From An H1B Visa?
The H1B Visa is a temporary work visa, which poses potential problems if you want to stay in the USA permanently. The technology sector – which is where a lot of H1B visa holders work – saw around 150,000 layoffs in 2022 alone.
These people (and their dependents) were left scrambling for ways to keep their legal status at short notice.
Once you’re laid off on an H1B Visa, you’d typically have 60 days in which to find another employer and renew your H1B status – or you’d need to leave the US.
Now for professionals with families already staying in the US, this can be massively stressful and disruptive – and this is exactly where converting to an EB-5 can offer an efficient solution.
To apply for an EB-5 Visa from an H1B Visa, you’d ideally have to maintain your valid H1B status (i.e. you’ll still need to be employed by the company that supports your H1B status). Having said that, laid-off H1B visa holders are eligible to apply for the EB-5 program.
By investing a minimum of $800,000 in a qualifying Regional Center project that creates a minimum of 10 jobs, laid off H1B visa holders and their families can qualify for a green card.
Switching from an H1B Visa to an EB-5 Visa involves a transition from a non-immigrant status (H1B) to immigrant status (EB-5), and requires careful planning and adherence to immigration regulations.
And going into 2024, as an H1B Visa holder living in the US, you can concurrently file your EB-5 application I-526E and I-485 Adjustment of Status.
This concurrent filing should see you receiving a travel authorization within 12 months (and frequently less). Moreover, filing concurrently could see you getting an Employment Authorization Document (EAD) in around 3-4 months.
Your children will also benefit from the Child Status Protection Act (CSPA), which pauses their age at the time of filing.
(Note: If you don’t have the full $800,000 up front, you could also take a bank loan for the remainder of the EB-5 capital, or look at an EB-5 investment project offering staged payment options. There are also EB-5 specific lenders to investigate. And in addition, a family member could gift you the money, subject to the source of funds being demonstrably clean.)
Moreover, as an EB-5 Visa holder, you can work for any employer without the hassles associated with maintaining your H1B status (i.e. having to keep your job with one specific employer). You also no longer need to meet any qualification requirements.
And best of all, you will no longer be facing any visa backlogs – whereas on the H1B route, visa holders hailing from countries like China, India and Vietnam could face additional obstacles stemming from this.
The general steps to apply for the EB-5 immigrant investor program as an H1B visa holder closely correspond to that of applying for it as an F1 student visa holder (reference Steps 2-7 above).
CAVEAT EMPTOR
Immigration regulations in the USA can and do change from time to time, and it’s essential to stay updated with the latest information and consult professionals for the most accurate guidance based on your individual circumstances.
The above content is presented for general informational purposes only, and the accuracy thereof is by no means guaranteed.
Furthermore, reading this content does not imply the creation of any client-supplier relationship, and the content does not constitute investment or immigration advice. Neither the publishers of this site nor any associated third-party entities will be held liable for any losses whatsoever resulting from reliance on this information.
Given the complexity of the EB5 visa application process, consulting with immigration attorneys and financial professionals specializing in the EB5 program is highly recommended.
They can guide you through the legal and financial aspects, help with due diligence, and ensure that you meet all requirements.
Get in touch if you’d like to be contacted by an EB5 lawyer or Eb5 specialist, or to obtain more information regarding some of the best EB5 Rural Investment Projects for 2024.
Need to switch to the EB5 program from an H1B, F1 Student or other employment based visa ASAP?
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