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EB-5 Program for Holders of Temporary Visas in the U.S.

  • Dec 22, 2025
  • 6 min read

From H-1B, L-1, E-2, or O-1 to a Green Card through Investment


Many professionals living and working in the U.S. on temporary visas eventually face the same question:


What’s the best way to secure a long-term future here?

While visas like H-1B, L-1, E-2, and O-1 open the door to professional and business opportunities, they don’t guarantee permanent residence. Renewals can be uncertain, and sponsorship depends on employers or visa treaty conditions.That’s why more and more professionals are exploring the EB-5 Investor Program — a path to a U.S. Green Card that doesn’t rely on employer or family sponsorship.



What Is the EB-5 Program?


The EB-5 Program allows foreign nationals to obtain a U.S. Green Card by investing at least $800,000 in a qualified U.S. business or project that creates 10 full-time American jobs.


Once approved, the investor, spouse, and unmarried children under 21 receive a conditional Green Card for 2 years. After confirming that the required jobs were created, they can apply for a permanent Green Card — and eventually for U.S. citizenship.



Why EB-5 Appeals to Temporary Visa Holders


  1. Independence from Employer SponsorshipHolders of H-1B or L-1 visas often depend on their employers for continued status or green card sponsorship. EB-5 removes that dependency — you apply on your own terms.

  2. Dual Intent CompatibilityH-1B and L-1 visas allow “dual intent,” meaning you can legally pursue permanent residency while working in the U.S. The EB-5 process can run in parallel without affecting your current visa.

  3. Backup Plan for Career StabilityProfessionals on limited-duration visas (especially H-1B and O-1) face uncertainty if employment changes or projects end. EB-5 provides a personal, long-term immigration plan that doesn’t depend on others.

  4. Option for Treaty and Talent Visa Holders (E-2, O-1)E-2 and O-1 visas don’t directly lead to a Green Card, but EB-5 offers a bridge. You can continue operating your business or profession while starting the EB-5 process toward permanent residency.

  5. Family InclusionThe principal investor’s spouse and children under 21 are included in the same EB-5 petition, allowing the whole family to immigrate together.



Basic Requirements


To qualify, you must:

  • Invest $800,000 in an approved EB-5 project located in a Targeted Employment Area (TEA) — a rural or high-unemployment area — or $1,050,000 in other areas.

  • Prove the lawful source and path of funds used for the investment.

  • Have no serious criminal or immigration violations in the U.S. or abroad.


The investment can come from personal savings, business earnings, or funds gifted or loaned by close family members — as long as all sources are well-documented. You can use multiple sources of funds — part from your savings and part as a gift or loan from your relatives. Additionally, you can use your 401(k) account to contribute and invest, but make sure you discuss this strategy with your immigration attorney. 



Typical Timeline


  1. Select an immigration attorney and an EB-5 project.Always verify that the project is financially strong and transparent about job creation.

  2. Transfer funds and file the EB-5 petition (Form I-526E).If you are already in the U.S. on H-1B, L-1, E-2, or O-1, and if there is no retrogression for your country of residence you can also file for Adjustment of Status (Form I-485) to stay and work legally while your EB-5 petition is pending.

  3. Receive Employment Authorization (EAD) and Advance Parole.Within 4–8 months of filing, you will receive work and travel permits that allow you to live, work, and travel while waiting for your conditional Green Card.

  4. Get approval for your I526E Petition and receive a conditional Green Card (valid for 2 years).Typical processing time for I-526E: 6–24 months, then an additional 6–12 months would be needed for getting a Green Card based on a USCIS approved petition.

  5. Remove conditions (Form I-829) and receive a 10-year permanent Green Card.The I-829 review can take 24–48 months, but your residency remains valid during that time.

  6. Apply for U.S. citizenship after 5 years of permanent residence.


You can complete the entire process without leaving the U.S. Whether you apply for the EB-5 Petition (Form I-526E) and Adjustment of Status (AOS) at the same time, or wait until your I-526E Petition is approved before filing the AOS, depends on your current visa status, employment situation and its validity. It’s best to discuss this with your immigration attorney to understand the pros and cons of each option.


Do I need to leave my job or stop working once I apply?

No, there is no need to! If you’re in the U.S. on H-1B/L1/O1/E2  status, you can continue working for your employer while your EB-5 Petition (Form I-526E) is being processed. The EB-5 process doesn’t affect your ability to maintain or renew your H-1B as long as you keep meeting the terms of that visa. Later, when you file your Adjustment of Status (Form I-485) — after your EB-5 petition is approved and your priority date is current — you’ll also be eligible to receive an EAD (Employment Authorization Document) and Advance Parole. Once you have the EAD, you’ll be free to work for any employer or even start your own business, without being tied to your H-1B sponsor.


When can I change my employer after applying for EB-5?

If you’re already in the U.S. on a valid visa and have applied for Adjustment of Status based on your EB-5 investment, you can change your employer after receiving your Employment Authorization Document (EAD) or your Conditional Green Card.


Can I travel internationally during the EB-5 process?

Your ability to travel depends on whether you’ve filed for Adjustment of Status (AOS):

  • If you haven’t filed AOS, you may travel abroad using your current valid visa.

  • If you have filed AOS, you must wait until you receive Advance Parole (a special travel permit). Leaving the U.S. before that could risk cancelling your pending application.


Is $800,000 the cost of a Green Card?

No — EB-5 is an investment program, not a purchase. The $800,000 is invested in a U.S. business or development project that creates jobs. If the project performs well and meets all requirements, your funds are typically returned after 4–6 years, and you can keep your Green Card permanently.


Can I invest in my own business through EB-5?

Yes, but it’s much more complex. You must personally create and maintain at least 10 full-time jobs for U.S. workers. If you don’t meet that requirement, your Green Card can be denied. That’s why most investors (over 95%) choose to invest through Regional Center projects, where the job creation and USCIS program compliance are handled for you.


Is my investment guaranteed in EB-5 projects?

No. By law, EB-5 investments must be at risk, meaning there’s no guaranteed return or refund. However, just like any other investment, you can reduce risk by choosing a strong, transparent, and well-structured project with a solid business plan and financing.


How long does it take to prepare and file an EB-5 petition?

It depends on how quickly you can document your source of funds and select a qualified project. For investors with clear financial records and available capital in the U.S., it’s often possible to complete the filing within a few months.



Costs to Expect


Beyond the investment amount, expect around $80,000–$150,000 in total fees for:

  • Immigration and securities attorneys

  • USCIS filing fees

  • Administrative/project costs

  • Translations and compliance documentation



Why Consider Starting Early


Filing your Form I-526E while still on a valid visa — before status runs out or renewal challenges arise — allows you to stay in the U.S. throughout the EB-5 petition process.By the time many EB-5 investors receive their conditional Green Card, they’ve already built stable careers and a family life in the U.S.



Final Thoughts


For professionals who have built their lives in the U.S. on temporary visas, the EB-5 Investor Program offers a realistic, independent path to long-term stability.It’s not a shortcut — but for those who plan ahead, document funds carefully, and choose the right project, it can turn temporary status into permanent opportunity.

Our team structures EB-5 projects in the growing sports and entertainment real estate sector in Texas, combining secure investment frameworks with clear job-creation results.


To explore current projects and learn how EB-5 can fit your situation:

Download the full presentation

Schedule a consultation with our team

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