Why Risk Your H1B to Green Card Journey on a Lottery? Explore the EB-5 visa as an Alternative
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Each year, hundreds of thousands of skilled professionals apply for the H-1B visa lottery, hoping to secure one of the limited spots that allow them to live and work in the United States. With only 85,000 new H-1B visas available annually—and well over 400,000 applicants in recent years—many talented individuals are left without a path forward. If you weren’t selected in the H-1B lottery this year, you might be wondering: What are my options? More about it – https://www.eb5brics.com/h1b-visa/green-card
One powerful and often overlooked alternative is the EB-5 Immigrant Investor Visa, which offers a direct route to U.S. permanent residency through investment. While it requires a significant financial commitment, the EB-5 visa gives you more control over your immigration journey, long-term flexibility, and a clear path to a green card.
This guide explains how the EB-5 visa works, why it may be a strong alternative to the H-1B route, and who it’s best suited for.
Understanding the H-1B Lottery System
The H-1B visa is a non-immigrant, employment-based visa that allows U.S. employers to hire foreign workers in specialty occupations such as IT, engineering, finance, and healthcare. However, due to the annual statutory cap (65,000 regular cap + 20,000 for U.S. advanced degree holders), demand far outpaces supply.
Because of this imbalance, the U.S. government conducts a random lottery to allocate these visas. Many highly qualified individuals are not selected—sometimes after several attempts—leaving them with few viable options to remain or work in the U.S.
For more Information on the H1-B visa, please visit the USCIS Website: https://www.uscis.gov/working-in-the-united-states/temporary-workers/h-1b-specialty-occupations/h-1b-electronic-registration-process
What Is the EB-5 Visa?
The EB-5 Immigrant Investor Program was established to stimulate the U.S. economy through foreign investment and job creation. In exchange for making a qualifying investment in a U.S. business, foreign nationals (and their immediate family) can obtain green cards and eventually U.S. permanent residency.
Key Requirements:
- Investment Amount:
- $800,000 in a Targeted Employment Area (TEA) – either rural or high-unemployment
- $1,050,000 in a non-TEA location
- Job Creation:
Your investment must create or preserve 10 full-time jobs for U.S. workers. - At-Risk Capital:
The investment must be placed “at risk” in a new commercial enterprise with the intention of generating a return.
Investors can either start their own business (Direct EB-5) or invest in a Regional Center project, where the job creation and business management are handled by experienced professionals.
Why Consider EB-5 After H-1B Rejection?
- No Lottery or Annual Cap
Unlike the H-1B, the EB-5 visa is not subject to a lottery or annual employer-sponsored cap. If you meet the eligibility criteria and make the required investment, you can apply at any time—giving you more control and predictability.
- Direct Path to a Green Card
While the H-1B is a temporary, employer-tied visa, the EB-5 is a direct path to permanent residency. It provides green cards for you, your spouse, and your unmarried children under 21, without requiring employer sponsorship.
- Work and Travel Flexibility
Once your I-526E (or I-526) is filed and your I-485 Adjustment of Status is pending (if you’re already in the U.S.), you can apply for:
- Employment Authorization (EAD) – work for any employer or start your own business
- Advance Parole (AP) – travel internationally while your application is being processed.
This flexibility can be a major advantage for those currently on F-1, OPT, or other non-immigrant visas.
- Family Members Are Included
Your spouse and children under 21 are automatically included in your EB-5 petition. There’s no need for separate visa processes for each family member, unlike some employment-based categories.
Who Should Consider the EB-5 Visa?
The EB-5 visa may be a great option if you:
- Were not selected in the H-1B lottery and want a more predictable, long-term solution
- Have access to the required investment capital (or can legally source it)
- Are committed to living and working in the U.S. long-term
- Are from countries with long employment-based green card backlogs (e.g., India or China)
- Want to start your own business or invest passively in a U.S. enterprise
Acceptable Funding Sources
To qualify, your investment funds must be lawfully obtained, and you must document the source and path of funds. Acceptable sources include:
- Personal savings
- Gifts from family (with proper documentation)
- Inheritance
- Sale of property or assets
- Secured loans (using personal property as collateral)
An immigration attorney will help conduct a source of funds analysis to ensure compliance with USCIS requirements.
Step-by-Step EB-5 Process
- Select a Project or Business
Decide whether to invest through a Regional Center or pursue a Direct EB-5 investment. - Conduct a Source of Funds Analysis
Work with an experienced attorney to trace, document, and validate your investment capital. - File Your EB-5 Petition (Form I-526E or I-526)
This starts your green card process and proves that you’ve made a qualifying investment. - File for Adjustment of Status (Form I-485)
If you’re in the U.S. on a valid visa, you can apply to adjust status. If abroad, you’ll go through consular processing. - Receive a Conditional Green Card
Once approved, you’ll receive a 2-year conditional green card. - File Form I-829 to Remove Conditions
After two years, demonstrate that your investment created 10 jobs to receive your 10-year permanent green card.
Final Thoughts
Not getting selected in the H-1B lottery can feel like a setback—but it doesn’t have to be the end of your journey to live and work in the United States. The EB-5 visa offers a viable and strategic alternative for those with access to capital and a long-term vision of U.S. residency.
By investing in the American economy, you’re not only building a future for yourself—you’re contributing to job creation and economic development. And in return, you gain the freedom to live, work, and travel in the U.S. with far fewer restrictions than temporary visa holders face.
If you’re evaluating your next steps after an H-1B rejection, now is the time to explore the EB-5 route with the guidance of experienced professionals. With proper planning, the EB-5 program can transform a missed lottery into a permanent opportunity.
