Navigating the Path to US Immigration

H-1B Visa and EB-5 Program


In today’s globalized world, the United States continues to attract individuals from around the globe seeking professional opportunities and a chance at a better life. For those dreaming of immigrating to the US, two popular options are the H-1B visa and the EB-5 program. In this blog post, we will delve into the details of these immigration pathways, highlighting their key features, benefits, and considerations.

H-1B Visa

The H-1B visa is a non-immigrant visa designed to bring foreign workers with specialized knowledge or expertise to the United States for temporary employment. Here are some important aspects to know about the H-1B visa:

1. Eligibility and Requirements:

To qualify for an H-1B visa, applicants must meet the following criteria:

a. Have a job offer from a US employer in a specialized field.

b. Possess a bachelor’s degree or equivalent work experience.

c. The job position typically require a degree.

2. H-1B Application Process:

The process of obtaining an H-1B visa involves several steps, including:

a. Employer sponsorship: The employer files a petition on behalf of the applicant.

b. Labor Condition Application (LCA): The employer obtains certification from the Department of Labor.

c. USCIS filing: The employer submits the completed H-1B petition to the United States Citizenship and Immigration Services (USCIS).

3. Limitations and Duration:

The H-1B visa has a maximum duration of six years, a numerical cap on available visas, and requires sponsorship by a U.S. employer. Changing employers requires a new petition, and H-1B holders can pursue permanent residency. Dependents can accompany but generally cannot work without separate authorization.

EB-5 Program

The EB-5 program, also known as the Immigrant Investor Program, offers a direct path to permanent residency (green card) in the United States for foreign investors. Let’s explore its key features:

1. Investment Requirements:

To qualify for the EB-5 program, applicants must meet the following investment criteria:

a. Invest a minimum capital of $1.05 million in a new commercial enterprise ($800,000 in a targeted employment area).

b. Create or preserve at least 10 full-time jobs for qualifying US workers within two years.

2. Regional Centers:

EB-5 applicants have the option to invest through designated Regional Centers. These centers are pre-approved by the US Citizenship and Immigration Services and focus on specific geographic areas or industries. Investing through a Regional Center can provide certain advantages, such as indirect job creation calculations.

3. Conditional and Permanent Residency:

Upon approval of the EB-5 petition, applicants and their immediate family members (spouse and unmarried children under 21) are granted conditional permanent residency for a two- year period. After fulfilling the investment and job creation requirements, applicants can apply for the removal of the conditions and obtain permanent residency.


The H-1B visa and EB-5 program offer distinct paths to immigration in the United States. The H-1B visa caters to skilled workers seeking temporary employment, while the EB-5 program attracts investors looking for a direct route to permanent residency. Understanding the eligibility criteria, application processes, and limitations associated with each option is crucial for individuals considering these pathways. Consulting with an immigration attorney or specialist can provide invaluable guidance throughout the process. Whichever route one chooses, both the H-1B visa and EB-5 program can open doors to a new chapter in life, offering opportunities for personal growth, career development, and a chance to contribute to the diverse fabric of the United States.

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Disclaimer: The information provided in this blog post is for informational purposes only and should not be considered as legal or financial advice. It is recommended to consult with qualified professionals before making any investment decisions. The EB-5 program and its regulations may change over time, so it is essential to stay updated with the latest guidelines and requirements.

Settlement Agreement regarding the EB-5 Reform and Integrity Act of 2022

A summary compiled by the EB5 IMP, from various sources.

The parties to the lawsuit concerning the EB-5 Reform and Integrity Act of 2022 (US Citizenship and Immigration Services (USCIS), the Department of Homeland Security (DHS), and stakeholders) filed a settlement agreement on August 24, 2022.

This agreement explicates all the certified regional center’s status & procedures for filing documents for the EB-5 program.

Highlights of the Agreement:

• Prior to June 30, 2021, previously approved Regional Centers (RCs) are regarded to be in “good standing.” Furthermore, since the Integrity Act was passed, these current RCs have not lost their designation.

• To sponsor additional investors, existing RCs must file Form I-956 as an amendment. The paperwork must be submitted to USCIS no later than December 29, 2022. The document must show that the current RC has complied with the Integrity Act’s mandatory procedures and regulations. By completing and submitting this form, an existing RC can sponsor investors and maintain its current geographic designation without needing to wait for permission. However, in order to propose an extension of a previous region to neighboring tracks, existing RCs must submit fresh project plans and economic evaluations.

• When deciding on Form I-956 submissions from current RCs, USCIS will refer back to its judgment in its earlier designation notices and documentation therein.

• A new Approach, as part of the Form I-956 procedure, Form I-956Es must show proof of a receipt notification from an I-956F project application. However, in order to better control processing delays, USCIS has put in place a new regulation. According to this guideline, if USCIS takes longer than 10 days to provide a receipt for Form I-956F, EB-5 investors may utilize proof of filing fee payment and physical delivery of Form I-956F as proof of receipt notification for Form I-956E. After receiving the receipt numbers, applicants can also file them. This guideline also applies to I-956Fs that have already been submitted. After the judge approves the Agreement, USCIS will send email receipt notices for I-956F for the first 16 weeks at the very least.

• Until the notice and comment rulemaking is finished, USCIS will take the new Forms I-956, I-956F, I-956G, I-956H, and I-526E into consideration. The deadline for comments is October 24, 2022.

• To help others learn more about the settlement, USCIS will post a FAQ about it within 21 days of the judge’s approval.

Please feel free to contact if you have any questions about how the immigration and nationality laws in the United States may affect you or your family members or if you would like to access more information about the United States immigration and nationality laws. For EB5 Projects and Applications, you can contact with us by phone (India +91-9825150532) or by email at eb5@admin