EB-5
VS
H-1B
Type
Green card
Nonimmigrant visa
Description
Immigrant Investor Program
Specialty Occupations
Profiles that typically qualify
Entrepreneurs, Business owners, Investors
Software developers, Financial analysts, Medical professionals, Engineers, Scientists, University professors
Requirements
Invest personal funds of $800,000 in Targeted Employment Areas (TEA), such as rural or high-unemployment areas and certain infrastructure projects, or $1,050,000 in non-TEA areas.
Create or preserve at least 10 full-time jobs for qualifying U.S. workers.
Provide detailed documentation verifying the lawful source and transfer path of the investment funds.
Maintain the investment for a minimum of two years.
You must hold a 4-year bachelor's degree or equivalent work experience (three years of professional experience for each missing year of formal education).
The job must be a specialty occupation, requiring specialized knowledge typically obtained through a bachelor's degree or higher. This includes roles in fields like engineering, mathematics, and technology, where the complexity of the tasks necessitates advanced education.
The employer must pay at least the prevailing wage for the position — a rate set by the U.S. Department of Labor based on the occupation, work location, and level of experience. This wage is not flexible and must be met at a minimum.
Pros
The only visa category that provides immigration status based on passive investment.
Does not require employer sponsorship, offering significant flexibility.
No specific educational or professional qualifications are required.
Allows for investment directly into new or existing businesses or through regional centers that pool funds for larger projects.
The only employment-based category allowing concurrent Green Card application filing for all nationalities.
Facilitates a smooth transition to permanent residency.
Requires minimal applicant qualifications beyond a college degree or professional experience.
Cons
Requires a substantial financial investment.
The investment must be at risk, and job creation requirements must be met.
Initially issued a two-year conditional Green Card, requiring a subsequent application to demonstrate continued compliance with the program requirements.
Most applications are subject to an annual lottery and a rigid application cycle (except for exempt cases).
Lottery acceptance rates are typically below 20%.
Requires employer sponsorship and a specific job offer in a specialty occupation.
Stricter company requirements for entrepreneurs applying under this visa.
Spouses and dependents do not receive work authorization.
Sponsorship
Not required
Required
Validity period
Permanent residency
3 years
Renewable
Every 10 years
Once, 3-year extension
Without premium processing
6-24 months1
2-3 months
With premium processing
No
15 business days
Can spouse work
Yes
No
Disclaimers
1Timeframe to obtain conditional residence, with a similar timeframe for achieving permanent residence.
-
Type
EB-5
Green card
H-1B
Nonimmigrant visa
Description
EB-5
Immigrant Investor Program
H-1B
Specialty Occupations
Profiles that typically qualify
EB-5
Entrepreneurs, Business owners, Investors
H-1B
Software developers, Financial analysts, Medical professionals, Engineers, Scientists, University professors
Requirements
EB-5
Invest personal funds of $800,000 in Targeted Employment Areas (TEA), such as rural or high-unemployment areas and certain infrastructure projects, or $1,050,000 in non-TEA areas.
Create or preserve at least 10 full-time jobs for qualifying U.S. workers.
Provide detailed documentation verifying the lawful source and transfer path of the investment funds.
Maintain the investment for a minimum of two years.
H-1B
You must hold a 4-year bachelor's degree or equivalent work experience (three years of professional experience for each missing year of formal education).
The job must be a specialty occupation, requiring specialized knowledge typically obtained through a bachelor's degree or higher. This includes roles in fields like engineering, mathematics, and technology, where the complexity of the tasks necessitates advanced education.
The employer must pay at least the prevailing wage for the position — a rate set by the U.S. Department of Labor based on the occupation, work location, and level of experience. This wage is not flexible and must be met at a minimum.
Pros
EB-5
The only visa category that provides immigration status based on passive investment.
Does not require employer sponsorship, offering significant flexibility.
No specific educational or professional qualifications are required.
Allows for investment directly into new or existing businesses or through regional centers that pool funds for larger projects.
The only employment-based category allowing concurrent Green Card application filing for all nationalities.
H-1B
Facilitates a smooth transition to permanent residency.
Requires minimal applicant qualifications beyond a college degree or professional experience.
Cons
EB-5
Requires a substantial financial investment.
The investment must be at risk, and job creation requirements must be met.
Initially issued a two-year conditional Green Card, requiring a subsequent application to demonstrate continued compliance with the program requirements.
H-1B
Most applications are subject to an annual lottery and a rigid application cycle (except for exempt cases).
Lottery acceptance rates are typically below 20%.
Requires employer sponsorship and a specific job offer in a specialty occupation.
Stricter company requirements for entrepreneurs applying under this visa.
Spouses and dependents do not receive work authorization.
Sponsorship
EB-5
Not required
H-1B
Required
Validity period
EB-5
Permanent residency
H-1B
3 years
Renewable
EB-5
Every 10 years
H-1B
Once, 3-year extension
Without premium processing
EB-5
6-24 months1
H-1B
2-3 months
With premium processing
EB-5
No
H-1B
15 business days
Can spouse work
EB-5
Yes
H-1B
No
Disclaimers
EB-5
1Timeframe to obtain conditional residence, with a similar timeframe for achieving permanent residence.
H-1B
-