How H-1B Visa Holders Can Obtain an EB-5 Visa and Green Card in 2026

For professionals working in the United States on an H-1B visa, the EB-5 investor program has become one of the most reliable and independent pathways to permanent residency. With evolving immigration policies and rising uncertainty around H-1B extensions, the year 2026 presents new opportunities for H-1B holders who want a clear route to a green card. This guide explains how the process works, what requirements you must meet, and how to transition from H-1B to EB-5 under the latest rules.

1. Understanding Your Current H-1B Situation

The H-1B visa is non-immigrant and employer-dependent. Your ability to stay in the United States is tied to your job and sponsoring employer. In recent years, compliance requirements, fees, and restrictions have increased. For many professionals seeking stability, the EB-5 path offers more control and long-term security.

2. Why EB-5 Is an Attractive Option for H-1B Holders

Unlike H-1B, the EB-5 investor visa does not depend on your employer or job title. It allows you to obtain a green card by investing capital into a qualifying U.S. commercial enterprise and creating jobs. This path is especially appealing for individuals who want independence from employer sponsorship and more freedom in their career choices.

• EB-5 offers a direct route to permanent residency.
• You can legally remain in the United States while your case is processed if you choose concurrent filing.
• You are not tied to a specific employer, job role, or industry.

3. EB-5 Investment Requirements in 2026

To qualify for EB-5, an investor must meet these requirements:

• Invest a minimum of $800,000 in a TEA (Targeted Employment Area) project — rural or high unemployment — or $1,050,000 in a non-TEA project.
• The investment must be “at risk” for the purpose of generating a return.
• The project must create at least 10 full-time U.S. jobs.
• You can invest directly or through a USCIS-approved regional center.

Most H-1B holders choose regional center projects because they simplify job-creation requirements and offer structured investment frameworks.

4. Step-by-Step: How H-1B Holders Start the EB-5 Process

Step 1: Select a Qualified EB-5 Project

Choose a verified regional center or direct project with a strong track record, transparent financials, and TEA qualification if you want the $800,000 option.

Step 2: Document Your Source of Funds

You must prove that your investment funds came from lawful sources, including salary, bonuses, stock compensation, savings, or other verified income.

Step 3: Transfer the Investment Funds

Your capital is placed into an account controlled by the project or escrow structure, depending on the project’s policies.

Step 4: File Form I-526E

This petition confirms your investment and eligibility as an EB-5 investor.

Step 5: Consider Concurrent Filing

If you are already inside the U.S. on H-1B status, you may be eligible to file Form I-485 (Adjustment of Status) at the same time as I-526E. This allows you to stay in the U.S. legally, obtain work authorization (EAD), and travel permission (Advance Parole) while your case is being processed.

Step 6: Obtain Conditional Green Card

After petition approval and visa availability, you will either adjust status in the U.S. or receive an immigrant visa abroad. This grants a two-year conditional green card.

Step 7: File Form I-829

Two years later, you remove conditions and become a permanent U.S. resident.

5. Key Advantages for H-1B Professionals in 2026

• Grandfathering protection: Filing before September 2026 ensures eligibility under current EB-5 rules.
• Reserved visa categories: Rural, high-unemployment, and infrastructure set-aside categories offer faster processing and fewer backlogs.
• Less visa uncertainty: EB-5 is not affected by H-1B lottery systems, employer changes, or specialty occupation issues.
• Career freedom: You can change jobs, start a company, or stop working entirely after receiving a green card.

6. Preparation Checklist for H-1B Holders Planning EB-5

• Select a reliable EB-5 regional center or direct project.
• Confirm that the project qualifies for TEA if you want the $800,000 investment level.
• Organize financial documentation to prove lawful source of funds.
• Maintain your H-1B status while EB-5 processing is underway.
• Assess whether concurrent filing is beneficial for your situation.
• Consult with an immigration attorney and financial advisor.

Conclusion

For H-1B visa holders, the EB-5 investor program in 2026 provides a stable and actionable pathway to a U.S. green card. Although the financial commitment is significant, EB-5 offers long-term security, independence from employers, and a clear structure for transitioning to permanent residency. By choosing the right project, preparing financial documentation carefully, and filing within key timelines, H-1B professionals can successfully build their future in the United States.

Disclaimer: This article is for informational purposes only and is not legal advice. Consult a licensed U.S. immigration attorney before making any decisions.