H-1B visa holders seeking more stability and independence in their immigration status in the U.S. are increasingly turning to the EB-5 Immigrant Investor Program. Recent updates under the EB-5 Reform and Integrity Act of 2022 (RIA) have made this transition easier, particularly through a process called concurrent filing.
What Is Concurrent Filing?
Concurrent filing is an immigration process that enables current U.S. visa holders, like those with H-1B visas, to apply for other immigration visa.
In the case of EB-5 this procedure established by the RIA allows applying for this green card while simultaneously requesting to adjust their status and have work and travel permits without leaving the country.
For example, the H-1B visas to file their EB-5 petition (Form I-526 or I-526E) and Adjustment of Status (Form I-485) at the same time. They can remain remain in the United States while their EB-5 case is pending. In the meantime, they can work and travel if these petitions are granted, which gives them flexibility as they are not tied to an employer sponsor.
Why H-1B Workers Choose EB-5
For many H-1B visa holders, the EB-5 program is convenient because it offers a direct path to permanent residency without relying on employer sponsorship. Even though the program requires a large financial investment and a multistep immigration process, it provides more control over immigration status.
The RIA introduced visa set-aside categories that are currently available, including rural projects, high-unemployment areas, and infrastructure projects. H-1B investors often select rural projects because they have a higher visa allocation and faster adjudication times.
Since many H-1B workers earn their capital in the United States, their source of funds and path of funds documentation can be easier to obtain compared to investors outside the country. Some also use partial funding strategies, allowing them to invest while liquidating assets over time.
Risks and Considerations
Although concurrent filing has opened new opportunities, it is a recent procedure. High-demand could create backlogs in the future, especially for applicants from countries with historically high EB-5 usage like China and India. If visa availability changes, H-1B holders may no longer be able to use concurrent filing.
This page is for general information only and does not constitute legal or tax advice. It does not create an attorney–client relationship. Tax and immigration rules may change; verify current requirements with official sources. Consult a qualified immigration attorney and a U.S. tax professional for advice tailored to your circumstances.