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There are many United States visa options to choose from. Two of the most popular choices are the EB-5 and H-1B visas, but which one is better for you? This depends on your situation – do you have family members that also need a visas? Are you looking to make a permanent move to the USA?

Our side by side comparison will help you understand the differences between the EB-5 Visa and HI-B visa.

EB-5 Visa

Requirements

The EB-5 Visa is an investment visa; designed to stimulate the U.S. economy through job creation from foreign capital investment. It has no restrictions regarding age, education, business experience, or language. To qualify, a foreign investor must have the potential to invest at least $800,000. Learn more about EB-5 eligibility and requirements, here.

H1-B Visa

Requirements

An H-1B visa requires the applicant to find a company that is willing not only to hire the applicant, but to sponsor the applicant’s visa process and file the paperwork. Applicants need to have at least a bachelor’s degree, specialized knowledge, and can’t replace an American worker.

EB-5 Visa

Processing Time

EB-5 visas can get a conditional green card in as little as 6 months and a full green card in as little as 2.5 years. View our step by step timeline of the EB-5 process, here.

H1-B Visa

Processing Time

H-1B visas need to be approved by a lottery system. Applicants with Master’s degrees are given preference over applicants with only a bachelor’s degree. Losing the lottery means waiting another year to try again. There is no guarantee of approval.

EB-5 Visa

Permanent Residence

The EB-5 visa is a green card, which means the investor can permanently be in the United States and, if desired, apply to become a U.S. citizen.

H1-B Visa

Permanent Residence

H-1B visas are not permanent visas which mean the applicant must find other visas to stay in the United States after their employment with the sponsoring company is terminated. The H-1B visa allows foreign workers in specialty occupations to live in the United States for up to 3 years.

EB-5 Visa

Family Members

Immediate family members (spouse and unmarried children under the age of 21) are allowed in the United States under both EB-5 and H-1B visas. However, the EB-5 visa is a full visa for the applicant’s family that allows them to work and travel freely within the United States. No additional steps are needed.

H1-B Visa

Family Members

The family of an H-1B visa holder must apply for their own visas (H-4 visas) after the H1-B visa is granted. However, the H-4 nonimmigrant classification does not allow them to work in the U.S.  A request may be filed with USCIS (form I-765) but there is no guarantee that employment authorization will be granted.

EB-5 Visa

Visa Ownership

EB-5 visas are owned by the investor and investor alone. Once requirements are met, the Green Card is the investors to keep.

H1-B Visa

Visa Ownership

H-1B visas are owned by the sponsoring company, which means the company can control the applicant. There are reports of H-1B visa abuse where companies underpay H-1B visa holders.

EB-5 Visas are the clear choice for a permanent path into the United States for you and your immediate family

Ready to start the process?  ICC is ready to assist you.

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