Which visa route to choose for studying abroad — H1B or EB5?
US Immigration, H1B vs EB5 visa: Are you looking to work or study abroad? India is far and away from the world’s largest recipient of H1B visas. But the H1B program aimed toward highly skilled workers - has been facing increasing restrictions for several years. This has caused Indians to seem to other routes into America.
One of the most beneficiaries has been the EB5 investor visa program, which registered a seven-fold increase within the number of visas issued to Indians over the past five years.
So the question arises that, how do these two visa categories compare?
US Immigration: Here are 7 points of comparison between H1B visa and EB5 visa to urge obviate your confusion:
1. Duration and permanency
The EB5 program provides an immediate path to permanent residency, which is evidenced by positive identification. A positive identification holder can stay within the US forever, provided they maintain their permanent residency status or apply for citizenship.
The H1B visa may be a temporary non-immigrant visa that's initially valid for 3 years and may then be extended for an additional three years. At the expiration of the utmost period of stay, the foreign worker is required to go away from the US or obtain a special status.
2. Visa requirements
The requirements of the H1B visa and therefore the EB5 visa vary from each other a lot. The H1B program is concentrated on employment whereas the EB5 program is predicated upon investment. a number of the key requirements for H1B include, that no American is out there to fill the work role in question; that the foreign worker is going to be paid quite the typical wage for the occupation.
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The EB5 program requires the principal applicant to invest a minimum of $900,000 during a Targeted Employment Area or a minimum of $1.8 million outside a Targeted Employment Area during a new commercial enterprise and create and sustain full-time jobs for a minimum of ten qualifying employees.
Failure to suits these requirements could put positive identification in danger because it is conditional in nature. before the expiration of the two-year conditional positive identification, a petition has got to be filed to get rid of the conditions.
3. Annual Quotas
Both EB5 and H1B visas are subject to an annual cap. The H1B program is allotted 85,000 visas annually -- 20,000 of these visas are put aside for applicants with master’s degrees from American universities.
Since the year 2000 when demand for global IT workers was high, returning H1B workers haven't been included within the annual cap. Indians account for about three-quarters of all H1B applicants.
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The EB5 program is restricted to 700 visas per country per annum. this is often determined by the country of birth instead of the country of current citizenship.
4. Family
A single EB5 visa investment covers a whole qualifying relative. meaning Green Cards for the applicant, a spouse, and any children under the age of 21.
Spouses and youngsters of H1B workers also can move to America on H-4 visas. Spouses are ready to apply for work authorization within the US only under certain conditions.
H4 visa-dependent spouses were eligible for an EAD (Employment Authorization Document) if that they had an approved I-140 (petition for positive identification or Permanent Residency), or had an H1B visa spouse with visa status lasting longer than 6 years under the AC21 Act.
5. Work
Once an EB5 applicant receives the positive identification, he or she has complete freedom and adaptability to figure, study, found out a business, or retire within the US. Conversely, an H1B visa holder is far more restricted, especially in terms of employment mobility.
If an H1B visa holder loses his or her job, he or she would wish to return to their home country unless another qualified US employer files for his transfer.
6. Politics
The EB5 Immigrant Investor Programme is usually viewed more favorably than the H1B program. While the EB5 program creates thousands of yank jobs and brings billions of dollars in foreign investment, the H1B visa is usually perceived as a threat to the US labor force.
For that reason, the EB5 program isn't included within the President’s so-called “immigration ban”, whereas the H1B visa is included.
The H1B visa has been struggling for an extended time. Whoever wins the presidential election might be expected to tighten restrictions on the H1B visa. the sole difference between the candidates could also be the pace and scale of the crackdown.
7. Alternatives
The L-1 visa offers some similarities to the H1B visa without an annual cap. The L-1 visa is for transferring executive, managerial or specialized knowledge employees to the US from a foreign qualifying organization of the US company.
An applicant could found out a replacement US office and move there to manage that office on the L-1 visa. The E-2 Treaty Investor Visa is analogous to the EB5 visa:
- It requires lower investment and isn't subject to an annual cap
- It doesn't offer permanent residency but is often renewed indefinitely
- Indians must obtain third-party citizenship to qualify
- This is a comparatively simple process that has been successfully undertaken by Indian nationals.