Thanks to the EB-5 Reform and Integrity Act that was passed in March of 2022, there has never been a better time to switch from an H1-B visa to an EB-5 green card. The Act allows for concurrent filing, which allows an H-1B visa holder to file an I-485 adjustment of status at the same time they file their I-526E EB-5 investor petition.
This allows the investor, as long as there is a visa available for their nationality, to obtain the benefits of an EB-5 conditional green card as soon as the adjustment of status is approved by USCIS (typically 8-10 months).
There are several advantages to being on an EB-5 conditional green card as opposed to an H1-B visa.
They include:
A person who transitions from an H1-B visa to an EB-5 green card gains the freedom to work without limitations. With a conditional green card, there's no need for a work sponsor, and they’re free to choose any job—even outside their degree field—without needing to prove that no U.S. worker is qualified. Unlike an H1 visa holder, a green card holder can also start their own business.
With an H1-B visa, only the sponsored individual can legally work. But after moving from H1 B visa to green card status through the EB-5 program, all family members of legal working age can seek employment in the U.S.
Switching from an H1 visa to green card allows professionals more freedom in the job market. H1-B visa holders are often tied to one employer and have limited ability to negotiate pay. In contrast, a conditional green card holder—thanks to the EB-5 visa path—is not bound to a single employer and can negotiate better salaries.
Compared to H1-B visa holders, who often need extra documentation for international travel, those who have gone from H1 B visa to green card can travel more freely. Green card holders can apply for a U.S. passport and avoid many of the limitations that come with an H1-B visa.
