Is the EB-5 Visa better than an H1-B Visa?
While it is hard to say whether or not the EB-5 visa is better or worse than the H1-B visa, there are a number of key differences.
First, the demand for H1-Bs is much higher than the EB-5, making them harder to obtain. The United States Citizenship and Immigration Services (USCIS) reached its H1-B petition cap for the fiscal year 2011 on January 27th, 2011, a very early date.
Second, the H1-B visa does not offer nearly as direct a route for permanent residency when compared to the EB-5 visa. The H1-B lasts for three years and is extendable for up to six compared to the EB-5 that leads to a permanent green card.
Third, the H-1B visa requires sponsorship from a US employer and a foreign national can stay in the US under that visa as long as he/she continues being employed. If for some reason your employment terminates you have to leave the U.S., unless you find another company to sponsor your H1-B visa. The conditional green card, that foreign investor receives shortly after the EB-5 visa approval, requires removal of conditions in two years. If the investor does not succeed in removing the conditions he will have to leave the U.S. However, these risks of failure can be minimized by conducting proper research and due diligence on the project you invest into and by working with a qualified and experienced EB5 consultant.
Fourth, the maximum amount of years a foreign national can be in the U.S. under the H1-B visa is limited to 6 years. After that time the foreigner must either leave the United States or have his employer sponsor the application for green card.
These are just a few of the differences to keep in mind when choosing which type of visa to apply for. If you are considering permanent residency in the United States perhaps the EB-5 Visa would be the best choice for you. To learn more about the EB5 investor visa program, please contact Fred Burgess or Joe Sloboda from Exclusive Visas at info@exclusivevisas.com or 001+1-954-727-9800.









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