Advantages of the H-1B Visa for Mexican Professionals Seeking a Green Card: A Path to Permanent Residency in the U.S.
For Mexican professionals in the United States, the H-1B visa can be the first step to securing permanent residency in the country. Discover how this visa opens the door to a Green Card and how you can accelerate the process with the EB-5 Program.
The H-1B visa has long been one of the main options for Mexican professionals who want to work in the United States.
This visa allows U.S. employers to hire foreign workers with specialized knowledge in areas such as technology, engineering, medicine, and more.
However, what many do not know is that this visa not only allows them to live and work temporarily in the U.S., but it can also be the first step toward obtaining the coveted Green Card and Permanent Residency.
Throughout this article, we will provide key details about how the H-1B visa facilitates the path to permanent residency, the benefits of the EB-5 Program, and how Mexican investors can take the next step toward a more stable and secure life in the U.S.
1. H-1B Visa: Your First Step Toward a Green Card
The H-1B visa is a non-immigrant visa that allows U.S. employers to hire foreign workers with expertise in fields such as information technology, engineering, finance, sciences, and more.
According to the U.S. Department of Labor (DOL), in 2020, approximately 200,000 Mexicans were working in the U.S. with an H-1B visa, making them one of the most significant communities benefiting from this visa.
H-1B visa holders have the opportunity to stay in the U.S. for a period of up to six years, with the possibility of applying for an extension.
During this time, professionals have the option to begin the process of obtaining a Green Card, paving the way to Permanent Residency.
2. Advantages of the H-1B Visa for Transitioning to a Green Card
One of the main advantages of the H-1B visa is that it facilitates the process of adjusting status to a Green Card. H-1B visa holders can begin the process of obtaining permanent residency without needing to leave the U.S. or losing their job.
Here’s how the H-1B visa facilitates this transition:
- Residency Duration: The H-1B visa is renewable, allowing the holder to stay in the U.S. while awaiting the resolution of their Green Card application. Typically, the process of applying for a Green Card can take between 12 months and several years, depending on the category under which the application is filed (e.g., through an employer or an investment program like EB-5).
- Non-Immigrant Status: Unlike other visas, the H-1B allows workers to continue working and earning a salary while waiting for their Green Card approval. According to USCIS (U.S. Citizenship and Immigration Services), H-1B holders can switch employers, as long as their new employer is approved to sponsor a Green Card.
- Family Solutions: A key benefit of the H-1B visa is that it also allows direct family members, such as spouses and children under 21, to be included in the Green Card application process. This allows families to obtain permanent residency simultaneously, a significant benefit for those who wish to immigrate with their family.
3. The EB-5 Program: A Faster Path to a Green Card
The EB-5 Immigration Program is an ideal option for Mexican investors who want to expedite their path to a Green Card.
This program allows foreign investors to obtain permanent residency in the U.S. through a significant investment in a business or project that contributes to job creation in the country.
The minimum investment required under the EB-5 Program is $800,000 if the project is in a Targeted Employment Area (TEA) or $1.05 million if it is outside such areas.
The objective is to encourage economic development in U.S. regions with the greatest need for investment. Currently, BAI Capital is developing the Archer Place project, located across from the University of Florida, which qualifies for the minimum investment under the EB-5 Program.
Learn more about BAI Capital’s EB-5 TEA project here.
According to data from USCIS, in fiscal year 2023, all available EB-5 visas were issued except for 10,874 that Congress allowed to be transferred to the next fiscal year.
Benefits of the EB-5 Program:
- Green Card for the Family: EB-5 investors can include their spouse and children under 21 in their application, facilitating family reunification.
- Employment Options: With a Green Card obtained through EB-5, investors can work in any job without restrictions. This is a significant change compared to the H-1B visa, which ties holders to a specific employer.
- Adjust Status Without Leaving the U.S.
4. Practical Example: How a Mexican Investor on an H-1B Visa Can Use the EB-5 Program
Imagine Carlos, a Mexican professional with an H-1B visa working as an engineer in the U.S. Carlos has been in the country for three years and has decided he wants to obtain a Green Card to secure his legal status and that of his family.
After researching various options, he realizes that the EB-5 Program could be a faster and more direct path to permanent residency.
Carlos decides to invest $800,000 in an approved EB-5 project designed to create jobs in a rural area of the U.S. By doing so, Carlos begins the process of adjusting his status to a Green Card. After completing the paperwork, Carlos and his family obtain permanent residency in the U.S., allowing them to enjoy the economic and security opportunities the country offers.
This example demonstrates how a Mexican professional with an H-1B visa can take advantage of the EB-5 Program to make a more efficient transition to a Green Card.
5. Additional Benefits of the EB-5 Program for Mexican H-1B Holders
The EB-5 Program offers several additional benefits for Mexican investors already holding an H-1B visa, including:
- Access to Economic Opportunities: EB-5 investors can access opportunities in key U.S. economic sectors, such as real estate and infrastructure, which are experiencing steady growth.
- Process Acceleration: While applying for a Green Card through other methods can take years, the EB-5 Program allows investors to expedite the process, providing greater long-term security and stability.
6. Important Considerations for Mexican Investors on H-1B Visas
Before deciding to invest in the EB-5 Program, it is crucial for Mexican investors to consider the following factors:
- Evaluate the Investment Project: It is essential to select investment projects that are USCIS-approved and meet job creation and economic viability requirements. According to a report by EB-5 Investors Magazine, over 80% of EB-5 projects are in the real estate and infrastructure development sectors.
- Legal and Financial Advice: Given the complexity of the immigration and investment process, it is vital to have the support of immigration attorneys and financial advisors to guide investors safely and efficiently.
Investing in BAI Capital is investing in the United States
With a presence in the real estate sector in the states of Florida, Texas, and New York, BAI Capital specializes in generating value from land acquisition to the development of mixed-use projects, such as student housing and multifamily rental buildings with mixed-use spaces, including apartment buildings and retail (commerce-restaurant).
Our mission is to safeguard the capital of our partners and our own capital with minimal risk exposure. We ensure secure development by going through all the stages: land acquisition, urban zoning adjustments, commercial vision in architectural development, and management of building permits. We then take charge of the capitalization, construction, and exit strategy, with the return of capital and profits to our partners, guaranteeing better returns than those offered by the market.
In this way, we ensure fixed and stable returns for our client portfolio. Additionally, we operate under a confidential work protocol with encrypted web forms, protected personal data, and private meetings with our agents in the United States, Latin America, Europe (Italy), and Asia (Vietnam).
You’ve already learned about the advantages of the H-1B Visa for Mexican professionals seeking a Green Card. Your future in the United States is just one step away. If you’d like to take advantage of the H-1B visa to move closer to obtaining your Green Card, contact us and one of our agents will reach out to you shortly.