Myth: Immigrants can use EB-5 as a shortcut to “buy their way” to the front of the visa line.

Fact: While EB-5 may be the fastest path to a green card for many investors, lengthy U.S. Citizenship and Immigration Services (USCIS) processing times, a visa backlog for Chinese-born investors, and a mandatory two-year conditional residence period extend the EB-5 timeline to upwards of five years for most investors.

Use of EB-5 visas does not impact visa backlogs for other visa categories and does not let EB-5 investors use the program as a shortcut.

While unused EB-5 visas can be reallocated to other employment-based immigration categories, visa numbers allocated to EB-5 form such a small segment of all available employment-based visas (10,000 out of 140,000, or about 7%) that reallocation is unlikely to significantly impact visa availability for other categories

Though both EB-5 and H-1B visas are related to employment, EB-5 visas have no impact on H-1B visa availability. H-1B is a non-immigrant visa category, and availability is not impacted by issuance of employment-based immigrant visas, like EB-5. 

[1] 8 U.S.C. §1153 (b)

In a series of recent blogs, we explored common EB-5 myths to reveal the facts about the EB-5 program:

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