Advantages of EB-5 For H-1B Visa Professionals

It requires a minimum investment of $800,000 in specially designated areas called Targeted Employment Areas (TEA), or $1,050,000 in areas that are non-TEAs. It requires documenting the source of funds that are being invested, and it should result in the creation of 10 new American jobs.

Advantages for Prospective Work Visa Professionals

Eb5 Visa is one of the fastest ways to achieve U.S. Permanent Residence or a Green Card. It allows international students and professionals to join the American workforce without a need for a work visa.

Higher chances of getting internships and work opportunities

Most of the prospective applicants for H-1B visas are international students. As an international student, getting internships can be challenging. However, if you are granted a green card during the course of your study, your chances of getting internships greatly improve. These internship opportunities convert into job opportunities upon graduation.

Bigger pool of employers

After receiving a Green Card under the EB5 Visa Program, a graduating student has an unrestricted pool of potential employers. There are only a limited number of employers who are willing to sponsor H-1B visas.

Bypass the H-1B visa lottery

Every year, over 350,000 applicants apply for H-1B visas. However, there are only 85,000 H-1B visas available. As a result, 75% of the applicants who graduated from schools found employment, and their employer agreed to sponsor their H-1B visa but ended up leaving the US because of lottery limitations. It’s only the 25% to 30% that are lucky that get to live and work in the US.

Negotiate a better salary

Being a green card holder, you can negotiate a better salary since you’re not dependent on employment sponsorship and have the opportunity to choose between companies and their offers, as well as have the ability to change your title.

Enter professions that don’t qualify for an H-1B visa

You can also enter professions that don’t necessarily qualify for an H-1B visa. For instance, if you want to be an actor or a dancer or pursue a career in the arts, it will be really hard to make a case for an H-1B visa; however, no such restrictions exist for a Green card holder.

Advantages for current H-1B visa holders for applying for EB-5 visa

If you are already a current H-1B holder, consider the benefits of the EB-5 visa program for you and your family.

Get independent from employers

H-1B and other work visa professionals are dependent on their employers to live and work in the United States. Applicants from countries such as India or China face extended waiting periods to get a green card through an employer-sponsored petition. It could take up to 20 or even 30 years for many applicants to receive a green card, resulting in their dependence on H-1B sponsoring employers for the next 2 to 3 decades. In contrast, an EB5 Visa Program grants a green card in 2 to 4 years.

Higher salaries and bargaining chips

Owing to the restricted pool of H-1B sponsoring employers, it is likely that the H-1B Visa professionals are unable to command the salary they truly deserve. Upon receiving a green card under the EB5 Visa Program, opportunities for employment expand for work visa professionals, allowing them to negotiate higher wages. In some cases, H-1B visa holders have to decline promotions because it may change their job profile. A change in the job profile can result in resetting the EB-2 or EB-3 visa green card timeline. For many applicants, this timeline is already 20 to 30 years, and job profile change may set them back an additional decade.

The entire family can work

A green card allows all the members of the family of legal age to work and be gainfully employed in the United States. This is a very big advantage because, in certain cases, a spouse of H-1B Visa holders do not receive employer authorization. This results in dependence on one paycheck.

No 60 days time frame for alternate employment

H-1B visa also leads to some uncertainties in life. For instance, if an H-1B Visa professional is laid off, the law requires them to find a new employer within 60 days that sponsors the visa else they have to leave the United States or transfer to another visa. This situation can be particularly challenging for people with families. It could result in loss of academic year or internship opportunities for children.

Whereas a green card holder, is someone who is laid off they start looking for jobs without any pressure of visa-sponsorship or timeframes. Although this may cause some financial hardship, it doesn’t require the professional to leave the US.

No aging out of children

One big advantage of EB-5, apart from the financial aspects and employment, is that it keeps families together. Once a child of an H-1B visa holder turns 21, they are required to get their own visas to live, study, or work in the US. And if they fail to get that visa, they will have to leave.

Sometimes the H-1B visa holder, after spending decades in America, end up leaving because their child is unable to get a visa to work in the States. Upon receiving a green card under the EB5 Visa Program, the age of the child does not matter. They can live and work in the United States like their American counterparts.

The certainty of entering the United States

Many H-1B Visa holders struggled during the pandemic when the consulates were shut down, and visa holders were visiting family overseas. A lot of them had to get a Visa stamped to enter back into the United States. They were stuck in their home countries or other countries till the time the consulates opened up, which ran into months. Whereas if you’re a green card holder, you can exit and enter the United States without a problem.

Sabbatical Leave

Many H-1B Visa holders, once they receive a green card, take extended breaks from work. With a green card, you have the flexibility to take a break from work and return whenever it suits you. Additionally, you can establish your own start-up without worrying about employing anyone or requiring visa sponsorship, providing greater autonomy and independence.

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The opinions expressed in this video/blog post are solely those of the presenter/author. The information provided herein is for general informational purposes only and should not be considered as professional or legal advice. The presenter/author or Golden Gate Global do not endorse or take responsibility for any actions taken based on the information presented herein. Viewers/readers are advised to seek appropriate professional advice before making any decisions or taking any actions based on the content of this video/blog post.