For skilled professionals seeking U.S. permanent residency, the EB-2 visa has long been a go-to option. It’s a path designed for individuals with advanced degrees or exceptional abilities, but for nationals of countries like India and China, the EB-2 process often comes with substantial delays— sometimes spanning decades. With the ongoing visa backlogs and per-country caps, many EB-2 applicants are considering a strategic shift to the EB-5 Immigrant Investor Program, which offers a potentially faster and more flexible route to a U.S. green card.
At U.S. Visa India Services, we specialize in helping individuals navigate this transition from EB-2 to EB-5. Here’s why making the switch can be a smart move for applicants who want to accelerate their path to permanent residency.
✧ Understanding the EB-2 Visa and Its Limitations
The EB-2 visa category is designed for foreign nationals who:
- EB-2(A): Have an advanced degree and a job offer from a S. employer.
- EB-2(B): Possess exceptional ability in their field.
- EB-2 NIW (National Interest Waiver): Professionals who can self-petition based on their potential contributions to the U.S. While the EB-2 visa is a highly valuable option, it has several limitations, especially for applicants from countries with high demand for green cards:
- Visa Backlogs for High-Demand Countries: Indian nationals, in particular, face years of waiting due to the per-country cap on green cards.
- Employer Dependency: EB-2(A) applicants must maintain a job offer and employer sponsorship throughout the green card process, which can limit career flexibility.
- Inflexibility: Changing employers or roles mid-process can require restarting the labor certification or petition process, delaying or complicating the green card journey.
✧ The EB-5 Visa: A Direct Investment Route to U.S. Green Cards
The EB-5 Immigrant Investor Program provides an alternative path to U.S. permanent residency by allowing foreign nationals to obtain a green card through investment in the U.S. economy. Key requirements include:
- Investment Amount: $800,000 if investing in a Targeted Employment Area (TEA) or $1,050,000 in a non-TEA.
- Job Creation: The investment must create or preserve at least 10 full-time jobs for S. workers.
- Lawful Source of Funds: Applicants must prove that their investment funds come from lawful sources, such as income, savings, or business earnings.
Upon approval, the investor and their immediate family (spouse and unmarried children under 21) receive conditional green cards, which become permanent after approximately two years.
✧ Why EB-2 Applicants Are Turning to EB-5
➤ Skip the Long Wait Times
One of the primary reasons EB-2 applicants are considering EB-5 is to avoid the lengthy waiting periods caused by visa backlogs, especially for nationals from India and China. With EB-5, investors can often secure a green card within 2–3 years, compared to the decades-long wait times for EB-2 applicants from high-demand countries.
How U.S. Visa India Services Can Help: We help you analyze the current visa bulletin and determine if transitioning to EB-5 can significantly shorten your wait time for a green card.
➤ Self-Petition Without Employer Dependency
The EB-5 program is entirely self-sponsored, meaning that you don’t need an employer or labor certification. This gives you complete freedom to change jobs, start a business, or retire—without any impact on your green card status.
How U.S. Visa India Services Can Help: If you’re tied to a specific employer for your EB-2 process, our team will walk you through the EB-5 route, offering career flexibility and independence from employer-based requirements.
➤ Greater Freedom and Flexibility
EB-5 investors enjoy the freedom to live, work, or study anywhere in the U.S. without restrictions based on job location or employer sponsorship, which are often tied to EB-2. This added flexibility is especially attractive to those seeking career mobility or a diverse range of opportunities across the U.S.
How U.S. Visa India Services Can Help: We provide tailored guidance on how to leverage the geographic and professional flexibility of the EB-5 program to maximize your opportunities in the U.S.
➤ Simultaneous Filings Allowed
For EB-2 applicants already in the U.S. on valid visas (like H-1B), the EB-5 program allows concurrent filing of the I-526 petition (the initial EB-5 application) and the I-485 (Adjustment of Status). This means you can remain legally in the U.S. while your EB-5 petition is processed and avoid any gaps in your legal status.
How U.S. Visa India Services Can Help: Our expert attorneys assist in filing concurrently, ensuring a smooth transition to EB-5 without interruption of your stay in the U.S.
➤ Family Green Cards Included
EB-5 provides a significant advantage by allowing your spouse and unmarried children under 21 to obtain green cards along with you. This eliminates the need for separate petitions or employer- based processes for your family members, streamlining the immigration process.
How U.S. Visa India Services Can Help: We ensure your entire family benefits from the same EB-5 petition, minimizing the complexities of family-based immigration.
✦ Real-Life Scenarios: EB-2 to EB-5 Switch in Action
Example 1: Indian IT Professional Facing EB-2 Backlog
An Indian software engineer, who has been waiting for over 15 years for his EB-2 green card, decides to invest $800,000 through a regional center and applies for an adjustment of status
(I-485) concurrently. This allows him to bypass the long wait and gain faster access to green card benefits, such as work and travel authorization.
Example 2: Physician on EB-2 NIW Seeking Flexibility
A doctor approved under the EB-2 National Interest Waiver (NIW) wants to open her own practice in a different state but is constrained by the service location specified in her NIW petition. She chooses to switch to EB-5 to gain professional and geographic freedom, allowing her to start her practice anywhere in the U.S.
Example 3: Entrepreneur with Legal Earnings
An EB-2 applicant who owns a successful business abroad uses the proceeds from his business to fund an EB-5 investment in a U.S.-based project. This enables him to accelerate his immigration process while also diversifying his global investments.
