Do You Need to Tell Your U.S. Employer About Your EB-5 Application?

For many foreign nationals working in the United States, the EB-5 Immigrant Investor Program offers a compelling path to obtaining a Green Card. Unlike employment-based visas that depend on employer sponsorship, EB-5 allows individuals to invest in the U.S. economy and pursue permanent residency independently.

But this unique pathway raises an important question for professionals already working in the U.S. on visas like H-1B: Do you need to disclose your EB-5 application to your current employer?

The short answer is no, not necessarily. But the full story is more nuanced.

Let’s break it down.

What Is the EB-5 Immigrant Investor Program?

• Invest at least $1,050,000 (or $800,000 in a targeted employment area)
• Show that the funds were obtained legally
• Prove that the investment will create at least 10 full-time jobs for U.S. workers.

In return, the investor and their immediate family (spouse and unmarried children under 21) become eligible for conditional Green Cards, which can eventually lead to full permanent residency.

What makes the EB-5 program particularly attractive is that it doesn’t require sponsorship by an employer or family member, giving applicants full control over their immigration journey. Put simply, once on an EB-5 visa, investors can live and work where, for whom, and in whatever industry they please.

However, when EB-5 applicants are already in the U.S. on another visa, especially employment-based ones, they may wonder how these separate immigration tracks interact. More specifically, they may wonder if they are required to tell their sponsoring employer about their EB-5 application.

Do You Have a Legal Obligation to Tell Your Employer?

Legally speaking, if you’re applying for an EB-5 visa while working in the U.S. under a visa like H-1B, there is no formal requirement to inform your employer of your EB-5 application.

EB-5 is a personal immigration pathway, and your employer typically has no stake or responsibility in the process.

That is not, however, the entire picture.

Even if you don’t have to inform your employer about your EB-5 application, you are required to be truthful in all your immigration filings. That includes disclosing any other pending immigration petitions when applying for another visa or adjustment of status.

So if you are being sponsored by your employer for an immigrant visa such as an EB-2 or EB-3, it’s important that your entire immigration history, including your EB-5 petition, is disclosed in any application or interview. This is not about employer rights; it’s about compliance with U.S. immigration regulations. Misrepresenting or omitting details could jeopardize all of your applications.

When Might You Want to Tell Your Employer?

While the legal disclosure requirements only apply to government agencies and officials, there are several strategic or professional reasons why you might choose to disclose your EB-5 application to your employer.

Green Card Strategy Alignment

If your employer is currently sponsoring you for an EB-2 (advanced degree) or EB-3 (skilled worker) immigrant visa, informing them about your EB-5 petition could help their legal counsel make informed decisions.

U.S. immigration law allows individuals to pursue multiple visas at the same time, but strategic coordination is key.

For instance, your employer’s attorneys might need to consider your EB-5 case when determining when to file an I-140 or adjustment of status under a different category.

Potential Conflicts or Perception

In some workplaces, applying for a Green Card through a means outside the company might raise questions.

While you’re not obligated to disclose your application, some professionals opt to be transparent to preserve trust, especially if they’re in long-term employment relationships.

Advance Parole and Travel Considerations

If you apply for adjustment of status and an advance parole based on your EB-5 petition while still on a temporary visa, it could complicate your ability to travel or re-enter the U.S.

These kinds of scenarios are worth discussing with both your immigration attorney and, if appropriate, your employer’s legal team.

What About H-1B Visa Holders?

The scenario is different if you’re in the U.S. on an H-1B visa. This visa permits “dual intent,” meaning you’re allowed to be in the U.S. temporarily while also pursuing permanent residency.

Since the H-1B visa doesn’t require your employer to sponsor a Green Card, and because the EB-5 process is entirely separate, there is generally no reason or requirement to inform your employer. Many H-1B workers apply for EB-5 Green Cards without ever involving their companies.

Still, you should continue to comply with the terms of your H-1B status, including maintaining employment with your sponsoring employer, until you receive your new EB-5 status.

And as mentioned above, if you plan on maintaining your working relationship with your sponsoring employer, you should likely factor this into your decision of whether or not to inform them of your EB-5 application.

Can You Apply for EB-5 and Another Green Card at the Same Time?

Yes, absolutely.

U.S. immigration law allows individuals to pursue multiple visa pathways simultaneously. You could apply for EB-5 while also being sponsored for EB-2. This can be a smart strategy to hedge against delays or issues in one category.

Keep in mind, though, that USCIS will allow you to have only one Green Card. So while you can submit multiple petitions, if both applications are approved, you will have to choose which option to proceed with.

Just be sure that all of your applications are consistent and truthful. Discrepancies across petitions could trigger requests for evidence (RFEs) or lead to denials.

EB5AN Can Help You Navigate the Green Card Process

While you are not legally obligated to inform your U.S. employer about your EB-5 application, especially if you’re on an H-1B visa, honesty and transparency are crucial when your employer is actively involved in other immigration filings.

Here are some helpful rules of thumb based on which visa you’re on:

• If you’re applying for EB-5 while on H-1B (without an employer-sponsored Green Card): You don’t need to tell your employer, though doing so may be beneficial long term if you plan on staying with your company.
• If you’re applying for EB-5 and also being sponsored by your employer for EB-2 or EB-3: Disclosure is not legally required, but it is strongly recommended for accuracy and coordination.

Ultimately, every case is unique, and it’s wise to consult with a qualified immigration attorney who understands the interplay of these different visa categories. An experienced attorney can help you map out the best path forward, avoid conflicts, and ensure your filings are compliant and well-prepared.

Partnering with an experienced and trustworthy regional center can also greatly simplify your EB-5 journey.

EB5AN has helped more than 2,700 families from 70+ countries become lawful permanent residents of the United States, with many of our investors transitioning from an employer-sponsored visa. Our team has more than a decade of experience, and we offer our clients first-rate, low-risk EB-5 regional center projects with a 100% USCIS project approval rate.

If you would like to know more about how to navigate changing to an EB-5 visa or have any other EB-5 questions, book a free call with our expert team today.