EB-5
VS
H-2B
Type
Green card
Nonimmigrant visa
Description
Immigrant Investor Program
Temporary Non-Agricultural Workers
Profiles that typically qualify
Entrepreneurs, Business owners, Investors
Landscapers, Hospitality workers, Construction workers, Technicians, Retail staff
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.
Employers must demonstrate a temporary need, which is limited to up to three years for a one-time need or 10 months for seasonal, peak load, or intermittent needs.
Employers must provide evidence that there are no U.S. workers who are willing, qualified, and able to perform the temporary work.
Employers must certify that hiring H-2B workers will not negatively impact the wages and working conditions of similarly employed U.S. workers.
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.
Does not focus on individual credentials, making it accessible to a wide range of applicants.
Allows U.S. employers to address temporary labor shortages in non-agricultural sectors.
Flexible in meeting seasonal, peak load, and intermittent labor needs.
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.
Subject to semi-annual quotas and a rigid lottery-based application process.
Employers must undergo a rigorous certification process to prove the unavailability of U.S. workers.
Spouses and dependents do not receive work authorization.
Sponsorship
Not required
Required
Validity period
Permanent residency
Duration of labor certification, up to 1 year, renewable for a total of up to 3 years
Renewable
Every 10 years
Renewable up to 3 years
Without premium processing
6-24 months1
5-6 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-2B
Nonimmigrant visa
Description
EB-5
Immigrant Investor Program
H-2B
Temporary Non-Agricultural Workers
Profiles that typically qualify
EB-5
Entrepreneurs, Business owners, Investors
H-2B
Landscapers, Hospitality workers, Construction workers, Technicians, Retail staff
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-2B
Employers must demonstrate a temporary need, which is limited to up to three years for a one-time need or 10 months for seasonal, peak load, or intermittent needs.
Employers must provide evidence that there are no U.S. workers who are willing, qualified, and able to perform the temporary work.
Employers must certify that hiring H-2B workers will not negatively impact the wages and working conditions of similarly employed U.S. workers.
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-2B
Does not focus on individual credentials, making it accessible to a wide range of applicants.
Allows U.S. employers to address temporary labor shortages in non-agricultural sectors.
Flexible in meeting seasonal, peak load, and intermittent labor needs.
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-2B
Subject to semi-annual quotas and a rigid lottery-based application process.
Employers must undergo a rigorous certification process to prove the unavailability of U.S. workers.
Spouses and dependents do not receive work authorization.
Sponsorship
EB-5
Not required
H-2B
Required
Validity period
EB-5
Permanent residency
H-2B
Duration of labor certification, up to 1 year, renewable for a total of up to 3 years
Renewable
EB-5
Every 10 years
H-2B
Renewable up to 3 years
Without premium processing
EB-5
6-24 months1
H-2B
5-6 months
With premium processing
EB-5
No
H-2B
15 business days
Can spouse work
EB-5
Yes
H-2B
No
Disclaimers
EB-5
1Timeframe to obtain conditional residence, with a similar timeframe for achieving permanent residence.
H-2B
-