EB-5 for skilled professionals

U.S. law divides employment-based immigrant visas into five preference categories. The first three are the ones most professionals encounter through their careers:

EB-1 (first preference)

For people with extraordinary ability, outstanding professors and researchers, and certain multinational executives and managers. Some EB-1 cases can be self-petitioned; others require an employer.

EB-2 (second preference)

For professionals holding advanced degrees or people with exceptional ability. These cases usually require an employer and a labor certification, although a national interest waiver allows some applicants to self-petition.

EB-3 (third preference)

For skilled workers, professionals and certain other workers. These cases generally require an employer job offer and a labor certification.

EB-5 (fifth preference)

For immigrant investors who make a qualifying at-risk investment in a new commercial enterprise that creates 10 full-time jobs. EB-5 receives 7.1% of the worldwide employment-based immigrant visas each year.

These categories are not mutually exclusive. Some professionals pursue more than one at the same time, or move from one to another as circumstances change. Whether that is sensible, and how filings might interact, is a question for an immigration attorney.

The table below summarises broad features. It simplifies a complex area of law: each category has sub-categories, exceptions and evidentiary requirements that are not shown here.

The EB-5 investment amounts shown apply to petitions filed before January 1, 2027. Amounts for petitions filed on or after that date will be adjusted for inflation; at the time of writing the adjusted figures had not been officially published. See the 2027 investment adjustment.

In employer-sponsored cases, the petition is tied to a particular job offer. Changing employers, roles or locations during the process can require care, and the employee depends on the employer to start and support the filings.

An EB-5 petition is filed by the investor and is based on the investment, not on the investor's job. For some professionals, this independence is the main reason to look at EB-5. It may give more flexibility over career moves, further study or starting a business. It does not remove other obligations: the investor must still meet all EB-5 requirements, maintain any temporary status while the case is pending, and later file Form I-829 to remove the conditions on residence.

Many professionals in the United States hold H-1B status, which is generally treated as compatible with seeking permanent residence. Even so, how an EB-5 filing interacts with a current status, a pending employer-sponsored case or planned travel should be reviewed with an attorney.

Each applicant is charged to a country, usually their country of birth. This is called the country of chargeability. Because per-country limits apply across employment-based categories, high demand from some countries, including India and China, can produce waiting periods even after a petition is approved.

For EB-5, part of the annual allocation is reserved: 20% for rural projects, 10% for high-unemployment areas and 2% for infrastructure projects. Backlogs that affect the unreserved category may not affect the reserved categories in the same way, and the reverse can also be true. Availability changes over time. See reserved visa categories.

The Department of State publishes the Visa Bulletin each month, showing which priority dates may move forward in each category and country. Cut-off dates change regularly, so always check the official Visa Bulletin (opens in a new tab) directly. See how to read the Visa Bulletin.

Under the 2022 Act, a person physically present in the United States may file Form I-485 to adjust status together with, or while, a Form I-526 or I-526E investor petition is pending, if an immigrant visa is immediately available as shown in the USCIS chart for that month and other adjustment requirements are met. While the I-485 is pending, the applicant may apply for work and travel authorization.

• Visa availability depends on the category, the country of chargeability and the month, so it can open or close.
• Eligibility generally depends on having maintained lawful status. A history of status gaps can matter.
• Using work authorization from a pending I-485 rather than an existing visa status can have consequences that should be understood before switching.

See concurrent filing for more detail. Individual legal advice is required before filing.

Every EB-5 investor must show that the invested capital came from a lawful source. For salaried professionals, the evidence usually traces how savings were built up and how they reached the investment. Common sources include:

1. 01

   Step 1: Accumulated salary and savings

   Employment records, payslips, tax returns and bank statements that together show income was earned and saved over time.

2. 02

   Step 2: Sale of property or other assets

   Records showing how the asset was originally acquired, the sale documents, and the movement of proceeds into the investor's accounts.

3. 03

   Step 3: Gifts from family

   Documentation of the gift itself and of the donor's own lawful source of funds. See gift and loan funds.

4. 04

   Step 4: Loans

   Borrowed funds may be a lawful source when properly documented. A loan used for the investment generally may not be secured by the assets of the enterprise being invested in.

Transferring funds across borders can involve currency-control and tax rules in the home country. A qualified tax adviser and the investor's attorney can help plan the path of funds. See source of funds.

If you are weighing EB-5 alongside other routes, these pages may help:

• EB-5 requirements and the EB-5 process.
• Reading the Visa Bulletin and reserved visa categories.
• Concurrent filing.
• Regional center vs. direct investment and project due diligence questions.

Comparing immigration categories is legal work. A qualified U.S. immigration attorney can review your qualifications and timeline, and a licensed securities professional can help evaluate any investment. You can request a consultation to be connected with appropriate professionals.