{"id":181064,"date":"2022-12-01T09:54:24","date_gmt":"2022-12-01T09:54:24","guid":{"rendered":""},"modified":"2025-05-06T15:27:42","modified_gmt":"2025-05-06T15:27:42","slug":"how-might-someone-simultaneously-apply-for-h-1b-status-as-self-employed-and-for-an-eb-5-visa-based-on-an-investment-in-the-same-company","status":"publish","type":"faq","link":"https:\/\/eb5visainvestments.com\/ar\/faq\/visa-comparison-and-overlap\/how-might-someone-simultaneously-apply-for-h-1b-status-as-self-employed-and-for-an-eb-5-visa-based-on-an-investment-in-the-same-company\/","title":{"rendered":"How might someone simultaneously apply for H-1B status as self-employed and for an EB-5 visa based on an investment in the same company?"},"content":{"rendered":"<p>Generally, <a href=\"https:\/\/www.uscis.gov\/working-in-the-united-states\/temporary-workers\/h-1b-specialty-occupations-and-fashion-models\/h-1b-electronic-registration-process\" target=\"_blank\" rel=\"noopener\">filing an H-1B visa<\/a> application simultaneously with <a href=\"https:\/\/www.uscis.gov\/i-526e\" target=\"_blank\" rel=\"noopener\">an I-526E petition<\/a> is acceptable. However, complications arise when the petitioner tries to apply for the two visas through the same company, as both a self-employed H-1B worker and EB-5 investor. It is possible to have both applications approved through this route, but it would depend on the structuring of the applicant\u2019s company.<\/p>\n<p><iframe src=\"https:\/\/www.youtube.com\/embed\/4J7SO3WrY0c?rel=0;&amp;autoplay=1&amp;mute=1&amp;loop=1&amp;\" width=\"100%\" height=\"678\" frameborder=\"0\" allowfullscreen=\"allowfullscreen\"><\/iframe><\/p>\n<h3>H-1B Visa: Self-Employed<\/h3>\n<p>In this particular scenario, the biggest challenge is successfully filing an H-1B visa application as a self-employed worker. Generally, the H-1B visa applicant must demonstrate the existence of an <a href=\"https:\/\/www.uscis.gov\/archive\/questions-answers-memoranda-on-establishing-the-employer-employee-relationship-in-h-1b-petitions\" target=\"_blank\" rel=\"noopener\">employer-employee relationship<\/a>. Acquiring an H-1B visa as a self-employed worker may be possible if the applicant owns their own company and is able to provide evidence that a separate internal party exercises control over their employment. There must be proof that the power to hire and terminate employment lies beyond the control of the applicant.<\/p>\n<h3>Making an EB-5 Investment in Your Own Company<\/h3>\n<p>EB-5 investors are permitted to make an investment in their own company. If the self-employed H-1B applicant is the owner of their company and they wish to invest in said company, they will need to make <a href=\"https:\/\/eb5visainvestments.com\/direct-eb-5-investment-a-primer-for-investors\/\" target=\"_blank\" rel=\"noopener\">a direct investment<\/a> of at least $1,050,000.<\/p>\n<p>If their business is located in a qualifying targeted employment area (TEA), the reduced investment amount is $800,000. Business owners can <a href=\"https:\/\/eb5affiliatenetwork.com\/eb-5-tea-map\/get-tea-letter\/\" target=\"_blank\" rel=\"noopener\">receive a TEA designation<\/a> by contacting their corresponding state agency with the business\u2019 location\/address and formally requesting a letter.<\/p>\n<p><img decoding=\"async\" src=\"https:\/\/eb5visainvestments.com\/wp-content\/uploads\/2023\/01\/FAQ-197_image-2.jpg\" \/><\/p>\n<p>A direct EB-5 investment needs to meet the job creation requirement. Specifically, the EB5 investor must create at least 10 full time jobs, to be filled by authorized U.S. workers for a minimum of two years. <a href=\"https:\/\/eb5visainvestments.com\/2021\/12\/17\/employment-creation-in-the-eb-5-program\/\" target=\"_blank\" rel=\"noopener\">Induced and indirect positions<\/a> cannot count towards the employment requirement for direct investment. Furthermore, the EB-5 investor cannot count their own position towards the required job quota.<\/p>\n<h3>In Conclusion<\/h3>\n<p>While the plan at hand is not unfeasible, it certainly poses complications and there are details that need to be addressed. With their unique situation as a self-employed H-1B worker, the prospective EB-5 investor is best advised <a href=\"https:\/\/eb5visainvestments.com\/2022\/05\/16\/the-importance-of-working-with-an-eb-5-immigration-lawyer\/\" target=\"_blank\" rel=\"noopener\">consulting an immigration attorney<\/a> to discuss strategies on how to file both H-1B and EB-5 visa applications for the highest possibility of approval.<\/p>\n","protected":false},"featured_media":0,"parent":0,"template":"","meta":{"_acf_changed":false},"faq-topic":[193],"class_list":["post-181064","faq","type-faq","status-publish","hentry","faq-topic-visa-comparison-and-overlap"],"acf":[],"aioseo_notices":[],"_links":{"self":[{"href":"https:\/\/eb5visainvestments.com\/ar\/wp-json\/wp\/v2\/faq\/181064","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/eb5visainvestments.com\/ar\/wp-json\/wp\/v2\/faq"}],"about":[{"href":"https:\/\/eb5visainvestments.com\/ar\/wp-json\/wp\/v2\/types\/faq"}],"version-history":[{"count":0,"href":"https:\/\/eb5visainvestments.com\/ar\/wp-json\/wp\/v2\/faq\/181064\/revisions"}],"wp:attachment":[{"href":"https:\/\/eb5visainvestments.com\/ar\/wp-json\/wp\/v2\/media?parent=181064"}],"wp:term":[{"taxonomy":"faq-topic","embeddable":true,"href":"https:\/\/eb5visainvestments.com\/ar\/wp-json\/wp\/v2\/faq-topic?post=181064"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}