H-1B visa holders have historically faced significant challenges in securing permanent residency. However, the EB-5 Reform and Integrity Act of 2022 offers a more accessible path for those looking to adjust their status towards a Green Card. Here are the details.
The EB-5 Reform and Integrity Act (RIA) of 2022 has opened new opportunities for H-1B visa holders seeking a more accessible route to permanent residency in the United States, especially for citizens of Asian countries who face difficulties due to the number of applications each year.
This article explores how concurrent filing under this law benefits these visa holders, allowing them to file their Adjustment of Status along with their EB-5 petition, thereby expediting their residency process. If you’re in this situation and want to learn everything about this visa — its requirements, processes, and alternatives — check out our complete guide to the H-1B Visa in 2025.
Concurrent Filing for H-1B Visa Holders
The concurrent filing route is one of the most attractive features of the EB-5 Reform and Integrity Act of 2022.
This allows H-1B visa holders to simultaneously file their Adjustment of Status application (Form I-485) along with their EB-5 petition (Form I-526).
This procedure offers several key benefits:
- Permanence in the Country: It allows applicants to remain in the United States while their EB-5 petition is processed. According to immigration attorney Rana Jazayerli, this flexibility is crucial for workers facing layoffs or changes in their employment.
- Work and Travel Authorization: Applicants can obtain temporary work and travel permits, facilitating their ability to continue working and travel internationally without issues.
- Smoother Transition: As noted by attorney Carolyn Lee, this option is ideal for those seeking greater stability and control over their immigration status, especially compared to other visas that require employer sponsorship.
Preference Among Indian Citizens
Indian citizens represent a large proportion of H-1B visa holders turning to the EB-5 Program. This is due to the prolonged wait times for EB-2 and EB-3 visas, where they face significant delays due to the 7% per nationality quota limit.
The July 2024 Visa Bulletin shows that the final action dates for Indian citizens in the EB-2 and EB-3 categories are June 15, 2012, and September 22, 2012, respectively, indicating an extremely long waiting process.
Economic and Immigration Benefits of the EB-5 Program
The EB-5 Program not only benefits individual applicants but also significantly contributes to the U.S. economy. Each EB-5 investment must be at least $800,000 in a project that creates or preserves at least 10 U.S. jobs.
According to the Association to Invest In the USA, the EB-5 Program has generated over $41 billion in investments and created more than 820,000 jobs since its inception.
The concurrent filing route provided by the EB-5 Reform and Integrity Act of 2022 has proven to be a viable and attractive solution for H-1B visa holders, especially Indian citizens, seeking to secure permanent residency in the U.S.
Despite the costs and complexity of the process, the ability to control their immigration status and the opportunity to invest in preferred projects make the EB-5 program an increasingly popular option.
With the increase in applications and the positive impact on the U.S. economy, concurrent filing under the EB-5 program will continue to be a key strategy for many immigrants in the coming years.
