Pathways → H-1B Professionals
H-1B to Green Card EB-5 - Concurrent Filing Without Employer Dependency
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H-1B to green card EB-5 investors commit $800,000 in a rural Targeted Employment Area to self-sponsor permanent residency without a lottery, employer sponsor, or decade-long EB-2 backlog.
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Market Update, April 2026
A Rare Window for EB-5 Investors: Concurrent Filing is Open NOW
EB-5 reserved categories are current on the most recent March 2026 Visa Bulletin. This means that eligible investors in the United States can file I-526E and I-485 at the same time and bypass years of waiting in other visa categories. See our guide to EB-5 concurrent filing for H-1B holders. Petitions filed before September 30, 2026, will be grandfathered under current provisions and protect EB-5 investors from any future lapse or congressional inaction. After September 30, 2026, these protections disappear. Review the EB-5 grandfathering deadline analysis for timing details.
H-1B vs. EB-5: A Side-by-Side Reality Check
The H-1B was never designed as a permanent solution. Here is how the two paths compare for Indian professionals.
| H-1B Path | EB-5 Path | |
|---|---|---|
| Job Freedom | Tied to a single employer | Work for anyone, or start your own company |
| Layoff Risk | 60-day grace period to find new sponsor | Protected by Concurrent Filing (EAD/AP) |
| Green Card Wait (India) | 15–20+ years in EB-2/EB-3 backlog | 2–4 years via EB-5 Rural/High-Unemployment |
| Spouse Work Rights | H-4 EAD is uncertain and frequently challenged | Unrestricted work authorization via EAD |
| Children Aging Out | Risk of children aging out at 21 | File before they age out for a separate green card |
Tied to a single employer
Work for anyone, or start your own company
60-day grace period to find new sponsor
Protected by Concurrent Filing (EAD/AP)
15–20+ years in EB-2/EB-3 backlog
2–4 years via EB-5 Rural/High-Unemployment
H-4 EAD is uncertain and frequently challenged
Unrestricted work authorization via EAD
Risk of children aging out at 21
File before they age out for a separate green card
The Numbers Don't Lie. What's Your Best Path?
See how your salary, visa status, and priority date stack up in under 2 minutes.
What If I Didn't Get Selected in the H-1B Lottery?
EB-5 does not depend on H-1B lottery selection at all — it is not a lottery-based category. If you missed the lottery as a student or worker, that outcome has no bearing on EB-5 eligibility. The investment path remains available as a separate route to permanent residency regardless of whether USCIS selected your registration.
A Path That Doesn't Depend on Your Employer
With EB-5, the investor is their own sponsor. No employer relationship is required at any stage of the petition — from source-of-funds documentation through I-526E and concurrent I-485 filing. That holds whether you currently have an employer-sponsored petition pending or not: the green card case stands on your investment, not on a job offer or PERM.
Running Out of H-1B Time?
H-1B status has a standard maximum duration, with certain extensions available in specific circumstances such as pending green card processes — individual eligibility varies and should be reviewed with an immigration attorney. Many holders also face renewal uncertainty tied to employer sponsorship, cap rules, or policy changes outside their control. EB-5, once filed, does not depend on H-1B renewal or extension eligibility at all. It is a separate process that runs on its own timeline.
Concurrent Filing: The Killer Feature
This is the #1 reason H-1B holders choose EB-5. Concurrent Filing allows you to submit your green card application and receive work/travel authorization while your I-526E petition is still being processed.
Form I-485
Adjustment of Status: your actual green card application, filed at the same time as your I-526E.
Form I-765 (EAD)
Employment Authorization Document: work for any employer, start a business, or change jobs freely.
Form I-131 (AP)
Advance Parole: travel internationally and re-enter the U.S. without risking your pending application.
The bottom line: Within months of filing, you can receive an EAD and AP combo card, effectively freeing you from H-1B employer dependency while your green card is processed. If you get laid off, you are protected. Review the H-1B 60-Day Grace Period and our H-1B to EB-5 Resources for next steps during a layoff.
Your Concurrent Filing Timeline Starts With One Call
Every situation is different. Let an experienced EB-5 attorney map out your personal filing timeline, EAD receipt estimate, and next steps.
Source of Funds for Professionals
Many H-1B professionals already have access to the $800,000 minimum investment through a combination of existing assets. Here are the most common sources.
RSUs & Stock Options
Vested restricted stock units from your employer can be liquidated and documented as a lawful source of investment capital.
401(k) Loans
You may borrow against your 401(k) balance. The loan proceeds can serve as part of your investment, with proper documentation.
Home Equity
A home equity line of credit (HELOC) or cash-out refinance on U.S. or foreign property can fund your EB-5 investment.
Savings & Income
Accumulated savings from your professional income, documented with tax returns and bank statements over the past 5–7 years.
You May Already Have the $800K. Find Out in 60 Seconds.
Enter your assets below to see where you stand.
Your Report Will Include:
- Total assets identified vs. $800K threshold
- Visual progress bar showing your funding gap
- Personalized next-step recommendation
- Source-of-funds breakdown for your I-526E petition
What H-1B Holders Are Actually Saying
"PD is Oct 2013, EB-2 India. Did the math last year and realized I'm looking at another 8 to 10 years minimum. Wife can't work, kids are in school, and every time there's a round of layoffs I'm doing the mental math on how many days I have left on my visa. A friend in my WhatsApp group had just filed concurrently and had his EAD in hand in 5 months. I talked to an attorney, liquidated some NFLX and RSUs, wired 800K to a rural project, and filed I-526E and I-485 the same day. Got my EAD 4 months later. Wife started consulting the next week. Changed jobs without telling my old employer anything. Still waiting on the full GC but honestly the EAD alone changed everything."
Senior SWE, H-1B, TC 380K, EB-5 filed October 2025
"8 years at the same big tech company. Good TC, good reviews, PD stuck at 2015. The 2023 layoffs hit my team and I realized I was one reorg away from having 60 days to figure out my entire life. I had enough in RSUs to make EB-5 work so I stopped overthinking it. Picked a rural project with I-956F approval, filed I-526E and I-485 concurrently. Had EAD and AP in under 6 months. Wife is working now. Switched to a startup I actually wanted to join. No H-1B transfer, no asking my employer for anything. Cheap loan in exchange for a green card is exactly what it is."
FAANG SWE, H-1B to EAD, EB-5 filed September 2024
"EB-2 PD 2014. TC 400K. NW around 2M. I was the guy saying EB-5 is too risky. Then I watched three friends get their EADs while I was still refreshing the Visa Bulletin every month. Filed I-526E and I-485 same day in early 2024. EAD came through in 5 months. Wife started her own business. I'm still on the conditional green card path but I'm not one layoff away from leaving the country anymore. That peace of mind is real."
Staff Engineer, ex-FAANG, EB-5 filed December 2024
Backed by Attorneys and Regional Centers With a Proven Track Record
The EB-5 process is one of the most consequential financial and legal decisions an H-1B professional will make. Guidance from the wrong team, or the wrong regional center, can mean years of delays, denied petitions, or lost capital.
The immigration attorneys and USCIS-approved regional centers behind the resources on this site bring more than two decades of experience in EB-5 investment immigration. Together, they have successfully processed over 1,000 approved EB-5 petitions, representing investors from across the globe seeking U.S. permanent residency.
The regional center partners featured here have I-926F approvals from USCIS, the most rigorous vetting a regional center can undergo, and a credential that fewer than a fraction of entities in the EB-5 market can claim. Their investment projects span targeted employment areas (TEAs), rural set-asides, and high-unemployment designations, precisely the categories that give H-1B investors like you a faster path to a green card.
When you schedule a consultation through this site, you're connected to legal and investment partners who have been navigating USCIS policy changes, priority date fluctuations, and EB-5 Reform Act requirements since before most current H-1B holders arrived in the U.S.
The attorneys and regional centers connected through this platform have built one of the most documented EB-5 track records in the industry.
