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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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.
What are the minimum investment requirements?
The minimum EB-5 investment is $800,000 for investments in Targeted Employment Areas (TEAs) or $1,050,000 for investments in non-TEA areas. These amounts are current as of 2025 and represent the threshold required to qualify for the EB-5 program. TEAs include rural areas or regions with high unemployment rates.
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).
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