What Are My Options During the H-1B 60-Day Grace Period If I Have Been Laid Off, and Can I Start EB-5?
If you are asking h1b laid off what are my options, the calm reality is that USCIS gives you a 60-day grace period to either find new H-1B sponsorship, change to another status, or depart the U.S., and EB-5 is one of the strongest h1b layoffs immigration solutions available within that window. You can apply for EB-5 during H-1B grace period by filing Form I-526E and, when your priority date is current, concurrently filing Form I-485 with applications for an EAD and Advance Parole, which is often the cleanest way to avoid deportation after H-1B layoff. The question of can I stay in USA after H-1B layoff if I apply for EB-5 generally turns on filing a timely change of status or adjustment of status before day 60, which preserves lawful presence while your case is pending. Because EB-5 is investor-driven, the h1b grace period eb5 strategy does not require a new employer, giving you control over your timeline and the freedom to work for any employer once your EAD is issued. As an emergency immigration strategy USA professionals increasingly rely on, EB-5 also protects your spouse and unmarried children under 21 under the same petition, provided your $800,000 investment is at risk in a qualifying TEA project and your source of funds is fully documented. Consult a qualified immigration attorney for advice specific to your situation.
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What is the EB-5 visa program?
The EB-5 visa program is a United States immigrant investor program that allows foreign nationals to obtain a green card by investing in a U.S. commercial enterprise that creates or preserves at least 10 full-time jobs for U.S. workers. Established in 1990, the EB-5 program provides a direct pathway to permanent residency for investors, their spouses, and unmarried children under 21.
How long does the EB-5 process take?
The typical EB-5 process can take 2-3 years from initial investment to receiving conditional permanent residence, followed by an additional 2 years before applying to remove conditions and obtain permanent residence. The timeline includes I-526E petition processing (12-24 months), consular processing or adjustment of status (6-12 months), and the conditional residence period (2 years).
Can H-1B Holders Self-Sponsor a Green Card Through EB-5?
Yes. If you are wondering can I apply for EB-5 while on H-1B, the answer is that H-1B status and EB-5 are fully compatible because EB-5 is the only employment-based category where the investor petitions on their own behalf. That structure is what makes EB-5 an employer independent green card and the clearest way for H-1B holders to self sponsor green card outcomes without tying their future to a single company. Filing Form I-526E and, when eligible, concurrently filing Form I-485 lets many H-1B workers maintain status, obtain an EAD and Advance Parole, and pursue a green card without employer sponsorship. Because the petition is investor-driven, you can change jobs, accept a layoff package, or start a venture without restarting the immigration clock. So yes, you can self sponsor a green card through EB-5 while on H-1B, provided your $800,000 investment is at risk in a qualifying TEA project and your source of funds is fully documented. Consult a qualified immigration attorney for advice specific to your situation.
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