The EB-5 Visa: A Better Alternative To The H-1B

Obtaining an H-1B visa has become a matter of luck. Demand for H-1B visas far exceeds the annual quota. Each year, on April 1, the U.S. Citizenship and Immigration Services (USCIS) opens the filing period for 65,000 new H-1B visas, plus an additional 20,000 for individuals with advanced degrees. Over the past several years, this filing period has closed within a week due to the overwhelming number of petitions. For example, on April 7 of this year, USCIS announced that it had already received 172,500 H-1B petitions and had stopped accepting additional petitions. 

When the number of applications exceeds the available visas, USCIS uses a lottery system to allocate the visas. A computer-generated process randomly selects the number of petitions needed to meet the quota, and any petitions not selected will be rejected. On the other hand, the EB-5 program has never reached its quota. The fact is, demand for EB-5 visas is far less, and that makes them far easier to obtain. 

Furthermore, the EB-5 visa offers a much more direct path to permanent residency than the H-1B. The EB-5 is a true immigrant visa establishing a path to permanent residency for up to 10,000 immigrant investors and their immediate family every year. The H-1B on the other hand, is a non-immigrant visa that typically lasts between three to six years. 

Finally, the H-1B visa requires sponsorship from a U.S. employer. If, for any reason, your employment were terminated, you would need to find another employer to sponsor your H1-B visa or you would be forced to leave the U.S. The EB-5 program has no such requirement. When an immigrant investor applies for an EB-5 visa, he or she will receive a conditional green card and after two years, can apply to have the conditional status removed. Investor immigrants have had a great deal of success making the transition to permanent residency in recent years and any risks of failure in the EB-5 program can be minimized by hiring an experienced EB-5 attorney to conduct proper research and due diligence on the project you invest in.

If you are considering permanent residency in the United States, the EB-5 visa may be the best choice for you.  Our San Francisco EB-5 immigration attorneys at the Law Offices of Vaughan de Kirby can advise you on the information necessary to qualify for an EB-5 visa. Call us today at 415-221-2345 for more information. 

Vaughan de Kirby
California Immigration Attorney
1 Comments
I am from india my daughter who is iMG and in near future want to do residancy in usa and after that to settle in usa she is 24 yrs old my son who is 14 yrs old also want to pursue his studies in usa. We as a parents both doctors don't want to move to usa ad we are in private practice with good income. But our children one is 23 yrs old other 14 yrs old. So my question on whom name I as afather should apply for eb5 vissa so that both my children get immigration vissa
by akhil September 13, 2014 at 05:55 AM
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EB-5 Regional Center Program Ends 12/22/17

Congress has extended the current Regional Center program to December 22nd, 2017, at which time it will sunset unless extended. We anticipate future legislation that will call for an increased investment amount and more stringent requirements. For this reason, we recommend to our clients that they take action under the current law if at all possible.

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<span>EB-5 Due Diligence Workbook:</span> Ten Critical Steps to An Informed Decision

EB-5 Due Diligence Workbook: Ten Critical Steps to An Informed Decision

Vaughan de Kirby's book, EB-5 Due Diligence Workbook: Ten Critical Steps to An Informed Decision was written for EB-5 investors who are selecting a regional center.

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<span>Complete Guide To The EB-5 Green Card:</span> Critical Knowledge For Investors Who Want To Make The Best Decisions For Themselves And Their Families

Complete Guide To The EB-5 Green Card: Critical Knowledge For Investors Who Want To Make The Best Decisions For Themselves And Their Families

If you are seeking permanent residence status in the U.S., request a free copy of Complete Guide To The EB-5 Green Card to learn about the EB-5 visa program.

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