Discover the key difference between EB-5 and H1B visas, costs, timelines, benefits, and eligibility, and learn which U.S immigration Path aligns with your goals.
What is an EB-5 Visa?
The EB-5 visa is designed to attract foreign investors into the U.S. economy and create jobs for U.S. citizens. To qualify, investors must invest at least $800,000 and meet other criteria. Therefore, the EB-5 visa has emerged as one of the fastest ways to get a Green Card for such situations.
What is the H-1B Visa?
The non-immigrant, employer-sponsored work visa “specialty occupations” for individuals employed in “specialty occupations”, and these roles require a minimum of a bachelor’s degree or higher, work experience, and practical application of specialized knowledge in that discipline.
Investment & Eligibility Criteria
H-1B Requirements
For H-1B visa requires a sponsoring U.S. employer, a job in a specialty occupation, and a bachelor’s degree or equivalent experience. Subject to an annual lottery due to limited visa caps.
EB-5 Requirements
In the EB-5 immigrant program, the individuals must invest in a Targeted Employment Area (TEA). By locating the investment in a TEA, investors become eligible for the lower investment threshold, currently $800,000. Which must at least retain or create 10 full-time U.S. jobs for the citizens.
Residency & Immigration Path
The H-1B visa is a temporary residency held up for six years, tied strictly to the employment sponsoring firm. Extensions and transitions depend on employer support and lottery outcomes.
Whereas the EB-5 visa offers conditional permanent residency for two years, transitioning to unconditional permanent residency once investment and job creation are verified.
Employment Flexibility & Control
In an H-1B visa, employment is restricted to the sponsoring company. Any job change requires a new petition, and spouses cannot work unless they secure additional authorization.
However, EB-5 offers full work authorization for investors and their family members. No employer sponsorship is required; investors can work for anyone or start their own business.
Family Benefits
H-1B allows dependents for spouses and unmarried children under 21 to accompany on H-4 Visas. Work authorization for spouses is limited and requires a separate application and eligibility.
Whereas EB-5 covers spouses and children under 21 as green card holders, granting them work, study, and travel rights immediately upon visa approval.
Processing Time & Costs
The H-1B Petition submission aligns with Federal Filing Windows. Premium processing may shorten decision time, but outcomes depend on lottery selection.
As for EB-5 visa processing time may vary between 06-24 months for I-526 petitions, plus the conditional period, then removal of conditions after two years. Costs include EB-5 investment, USCIS fees, and legal support.
Risk & Investments Considerations
H-1B ties immigration status to continued employment; job loss can also mean losing the legal right to stay because the H-1B visa is also limited by visa caps, which are also subject to annual uncertainty selection.
Whereas, in EB-5 selection, there is a high financial investment that carries business risks.
Therefore, thorough research on the research center, along with investment projects, is a must for investors. For this, USCIS oversight has increased since the 2022 Integrity Act to Curb Fraud.
Which Visa Plan Aligns With Your Goals?
Choose the H-1B visa if you want to temporarily live and work in the U.S. under employer sponsorship. Or opt for EB-5 if you have capital to invest, desire permanent residence with greater flexibility, and wish to provide long-term security to your family.
Conclusion
Choosing between the EB-5 and H-1B visa depends on your personal goals, financial stability, and risk tolerance, and how quickly you wish to immigrate.
If you’re seeking long-term stability, greater independence, and family-based benefits, the EB-5 offers a strong advantage. However, if your priority is to work in a specialized field with employer sponsorship, and you are open to a temporary stay, the H-1B remains a well-established route.
Watch the full video on this topic to know more.
About Acquest Advisors
Acquest Advisors is a trusted immigration consultant agency specializing in Business Immigration and Residency/Citizenship by Investment programs across the U.S., Europe, and the UAE.
We offer comprehensive, end-to-end support, assisting clients with source of funds planning, and investment selection—whether in projects, property, or business, as well as documentation, business plan preparation, and foreign remittance. Our dedicated team ensures a smooth and hassle-free immigration journey.
How Acquest Advisors Can Help You?
At Acquest Advisors, we specialize in helping individuals and families navigate the complexities of U.S. immigration through tailored EB-5 strategies.
Whether you are evaluating the H-1B route, exploring the EB-5 investment pathway, or
Considering a transition from H-1B to EB-5, our team is here to guide you at every step.
Still deciding between EB-5 and H-1B visa?
Let our team help you evaluate the best fit based on your profile.