The United States has always appealed to foreign immigrants seeking freedom, security, and wealth creation opportunities—the pillars of the American Dream. And this has not changed. The U.S. remains the world’s leader in innovation and business, attracting millions of foreign nationals each year.
Although there are over a dozen U.S. immigration pathways, continuously increasing demand has made it more challenging to obtain a U.S. visa. Most visas require family or employer sponsorship and can take several years, even with the sponsorship.
It is for these reasons—and others—that among the many routes to becoming a legal U.S. resident, the EB-5 visa remains a popular choice for foreign nationals with no family ties in the U.S.
In this article, we’ll discuss why EB-5 beats other U.S. visa options. But first, we’ll offer a quick overview of the EB-5 visa.
What Is the EB-5 Visa?
Why Choose EB-5 Over Other U.S. Visas
- No Sponsorship Requirement
- Accessible to All
- Faster Pathway to Permanent Residency
- More Flexibility
- Better Access to Opportunities
Accelerate Your Green Card Journey With an EB-5 Visa
What Is the EB-5 Visa?
The EB-5 visa is the employment-based fifth preference immigration route. Although the “EB” prefix implies that it’s employment based, the EB-5 visa is, in reality, an investment visa. It is officially called the EB-5 Immigrant Investor Program.
The EB-5 program was introduced by Congress in 1990 to attract foreign investors to the U.S. to bolster the economy and create employment for U.S. workers. To meet this goal, it offers permanent residency to foreign nationals in exchange for their investment in the U.S. economy.
To qualify for the EB-5 visa, you must invest $1,050,000 in a new commercial enterprise (NCE) or $800,000 if the NCE is in a targeted employment area. The investment must also create a minimum of 10 jobs for American workers and be considered “at risk” for at least two years. You can invest directly in a new business enterprise or through a regional center. You must also prove that the invested funds were lawfully sourced.
Once you make the required investment, your immigration attorney will help you prepare and file a Form I-526E, Immigrant Petition by Regional Center Investor. Depending on your nationality, visa status, and location at the time of your filing, you can simultaneously apply for an adjustment of status, employment authorization, and advance parole, allowing you to work and travel while waiting for your Green Card.
Once your application is approved, you’ll be issued a temporary Green Card valid for two years. You can then file a Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status, to remove the Green Card conditions up to 90 days before the two years elapse.
At this point, if you meet the requirements—meaning your investment remained at risk and you’ve created the required jobs—you’ll be issued a permanent Green Card. You can then apply for U.S. citizenship after five years of holding a Green Card (the five years include the two years of conditional residency).
Why Choose EB-5 Over Other U.S. Visas
Aside from family visas and short-term tourist visas, there are over half a dozen visa routes. Each route has specific requirements and timelines, and offers unique benefits. The following are some of the most popular visa options:
- H-1B specialty worker visa
- F-1 student visa
- L-1 intracompany transferee visa
- E-2 treaty investor visa
- EB-1 priority worker visa
- EB-2 extraordinary ability/advanced professional visa
- EB-3 professional/skilled/unskilled worker visa
- EB-5 immigrant investor visa
The H-1B, F-1, L-1, and E-2 visas are non-immigrant visas, meaning they only allow visa holders to stay in the U.S. for a limited time. Conversely, the EB visas (employment-based visas) are immigrant visas that grant permanent residency. Most, however, require specific academic and professional qualifications, making them hard for most people to obtain.
Among all these visas, the EB-5 visa offers the most benefits. And the unique benefits the EB-5 visa provides have made it increasingly popular with foreign nationals seeking U.S. residency. Below are some reasons most people choose EB-5 over other U.S. visa options.
No Sponsorship Requirement
Most U.S. visas require sponsorship from a relative or a U.S. employer. A U.S. employer has to sponsor you for an L-1, H1-B, EB-1 (B & C), EB-2, or EB-3 visa. This means you’ll need specific educational qualifications and suitable U.S. employment to qualify for most of these visas. Given the tight competition in the U.S. labor market, this requirement makes immigrating to the U.S. through these routes difficult.
In contrast, the EB-5 visa does not require any sponsorship. It is one of the very few self-sponsored U.S. immigrant visas. You only need to make the required investment and prove that you lawfully sourced the funds.
Accessible to All
The EB-5 program is available to foreign investors of all nationalities, unlike its non-immigrant counterpart, the E-2 visa, which is open only to nationals of treaty countries.
The lack of educational or professional accomplishment requirements also makes the EB-5 visa available to a broader range of individuals. It is open to students, businesspeople, advanced professionals, fresh graduates, entrepreneurs, or individuals with no business background.
As long as you can make the qualifying investment and meet the program’s eligibility requirements, you may qualify for an EB-5 visa.
Faster Pathway to Permanent Residency
The EB-5 visa is one of the fastest routes to becoming a U.S. legal permanent resident. Depending on your nationality and EB-5 investment classification, you can obtain an EB-5 Green Card in less than a year.
Additionally, the EB-5 rural set-aside category enjoys priority processing, enabling investors to get their EB-5 Green Cards faster. This is especially beneficial for Indian and Chinese nationals who face heavy backlogs in other EB-5 categories.
Notably, other U.S. visa options either do not directly lead to permanent residency or take longer to do so. For example, E-2 and H-1B visas offer only temporary residency—the H1-B visa only allows a maximum stay of six years (seven in exceptional circumstances), after which you’ll have to leave the U.S. or switch to another visa route.
The E-2 allows unlimited two-year renewals, but it does not lead to a Green Card, irrespective of how long you stay in the U.S.
And while the other employment-based visas are direct routes to permanent residency, finding a sponsoring employer and waiting for a visa to become available can take several years.
More Flexibility
An EB-5 visa offers foreign nationals more work and travel flexibility than most other visa options. EB-5 visa holders are free to work for any employer, work independently, or start a business anywhere in the U.S.—or not work at all. Furthermore, if you’re eligible to concurrently file for adjustment of status, employment authorization, and advance parole along with your EB-5 petition, you could start enjoying the benefits of a Green Card before receiving one.
In comparison, most of the other visa types are very restrictive in terms of employment and travel ability. With an H-1B visa, you can only work in a specialty occupation for an eligible employer. If you lose your job, you must find another specialty employer or leave the U.S. The L-1 visa also limits your employment, and you’ll have to switch to a different visa route to change employers or career paths.
EB-2 and EB-3 Green Cards also provide similar flexibility as the EB-5 Green Card. However, you’ll have to remain with your sponsoring employer throughout the visa process to remain eligible. You can only safely change employers after receiving the Green Card, which could take several years due to heavy backlogs in these categories.
Better Access to Opportunities
An EB-5 visa provides quick access to unlimited educational, career, and financing opportunities available to Green Card holders. With an EB-5 visa, investors and their dependent family members can study in a U.S. academic institution, benefit from lower in-state tuition, and potentially access scholarships and aid to finance their education.
Holding an EB-5 Green Card also improves your career prospects in the U.S., as it’s easier for employers to hire a resident than sponsor a non-resident. You can also change employers or switch career paths for better opportunities, options that aren’t available to most other visa holders.
Accelerate Your Green Card Journey With an EB-5 Visa
Among the numerous visa options available for foreign nationals seeking U.S. residency, the EB-5 visa offers one of the fastest and most straightforward routes to becoming a U.S. Green Card holder.
However, navigating the EB-5 process requires professional assistance. If you want to pursue an EB-5 investment, you’ll need the help of an experienced EB-5 firm to analyze your situation and provide you with personalized advice.
Book a one-on-one session with our expert team today to learn more about the EB-5 program and how it can benefit you.
