How H-1B visa holders use concurrent filing to get EB-5 green cards

How H-1B visa holders use concurrent filing to get EB-5 green cards

How H-1B visa holders use concurrent filing to get EB-5 green cards


Marta Lillo

Implementing the EB-5 Reform and Integrity Act of 2022 has provided H-1B visa holders, especially Indian nationals, a more accessible pathway to apply for EB-5 visas and secure permanent residency in the U.S. 

According to immigration attorneys, through the concurrent filing route provided by RIA, H-1B holders can file their Adjustment of Status alongside their EB-5 petition, allowing them to stay in the country while their EB-5 process progresses. 

Indian nationals facing significant visa backlogs in other categories are increasingly turning to the EB-5 program for a smoother transition to permanent residency. Despite the complexities and costs involved, these H-1B holders find the EB-5 visa appealing due to its control over their immigration status and the ability to invest in preferred projects. 

Concurrent filing helps streamline the EB-5 process for H-1B holders

According to immigration attorneys, H-1B holders are taking advantage of a specific opportunity with the new legislation: the concurrent filing route, which allows them to file an Adjustment of Status (I-485) with their EB-5 petition (I-526) simultaneously.

“The H-1B transition to EB-5 phenomenon we have observed pre-RIA of 2022 and post-RIA 2022 has been mostly an India-born applicant phenomenon,” says EB-5 broker-dealer Marko Issever, CEO of America EB5 Visa.

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