Visiting the U.S. on a B-1/B-2 visa often starts with simple plans, attending meetings, seeing family, or exploring the country. But for many, something shifts. Maybe you attend a conference and spot a long-term business opportunity, or you realize you want your children to study here while you build a future. And then the big question hits: Can I actually stay? More specifically, can I turn this tourist visa into a green card, maybe through investment?
That’s where the EB-5 visa comes into the picture. But transitioning from a non-immigrant status like B-1/B-2 to an immigrant pathway like EB-5 isn’t as straightforward as it sounds. There’s the infamous 90-day rule, strict paperwork, the risk of violating your status, and the need to prove your original visit wasn’t a cover for immigration.
This blog clears things up. You’ll learn how to go from a short visit to permanent residency. And yes, we’ll walk you through how to convert B-1/B-2 visa to an EB-5 the right way with timelines, rules, and zero fluff. Let’s get into it.
What is a B-1/B-2 Visa?
The B-1/B-2 visa is for visitors who want to come to the U.S. temporarily, for business or tourism. If you’re on a B-1 visa, your visit is typically work-related: attending meetings, consulting with partners, negotiating contracts, or even participating in short-term training. For those using a B-2 visa, the focus is on leisure, visiting family, or even attending conferences.
However, while the B-1/B-2 visa lets you stay temporarily, it does not allow you to work full-time or study. It’s strictly for short visits. If your intention is to stay longer or switch to a green card, you’ll need to transition carefully, something we’ll cover later.
Thinking about transitioning your B-1/B-2 visa to an EB-5? If you want to understand the process better, Contact the Law Offices of Sweta Khandelwal for expert advice.
Understanding the EB-5 Visa and Its Green Card Benefits
If you’re looking to make the U.S. your permanent home, the EB-5 visa might be your best shot. It offers a way to gain a green card through investment.
Under the EB-5 program, you invest either $1,050,000 in a general commercial enterprise or $800,000 in a Targeted Employment Area (TEA). That includes rural areas or places with high unemployment. Once approved, you and your immediate family (spouse and unmarried kids under 21) can live, work, and study anywhere in the U.S.
So if you’re wondering how to convert B-1/B-2 visa to EB-5, this path offers something most visa categories don’t. This EB-5 visa offers a direct route to permanent residency through capital, not employment.
Benefits of the EB-5 Visa
- Permanent Residency
You get a green card for yourself, your spouse, and your kids under 21. That means long-term security and a future in the U.S. - No Job Needed
Most U.S. visa categories require job offers or sponsorships. Not this one. You’re not tied to an employer, which gives you freedom. - Live Anywhere
Big cities, small towns, sunny beaches, you choose. The EB-5 doesn’t lock you into a location. - Work and Study Flexibility
You and your family can work in any legal job or attend school without needing separate visas. - Path to Citizenship
After five years as a permanent resident, you can apply for U.S. citizenship. That’s the long game, and this visa gets you there.
Also Read: EB-1C Visa Application for Managers and Executives
How to Convert B-1/B-2 Visa to an EB-5?
If you’re currently in the U.S. on a B-1/B-2 visa and want to transition to an EB-5 green card, the process is straightforward but requires careful planning. Here’s how to convert B-1/B-2 visa to an EB-5 green card while maintaining lawful status:
Step 1: Verify Eligibility for EB-5 Investment
The first step is confirming that you meet the financial requirements for the EB-5 visa. Your investment must also create or preserve at least 10 full-time jobs for U.S. workers.
Step 2: File Form I-526
To initiate the transition, you must file Form I-526, Immigrant Petition by Alien Investor. This is the key step in converting your B-1/B-2 visa to EB-5. Form I-526 demonstrates that your investment meets EB-5 requirements. The petition will also show that the source of your investment funds is lawful. The processing time for this form can vary, but it usually takes around 12-18 months.
Step 3: Consider Concurrent Filing
If you’re already in the U.S. on a B-1/B-2 visa and your I-526 petition is approved, you may be eligible for concurrent filing. This means you can apply for your adjustment of status (Form I-485) while still in the U.S., without needing to leave the country. However, if you’re not eligible for concurrent filing, you may have to wait for your priority date to become current before filing Form I-485.
Step 4: Avoid Violating the Terms of Your B-1/B-2 Visa
During your transition from B-1/B-2 to EB-5, it’s crucial to maintain lawful status. This means you should avoid any activities that might indicate immigrant intent while on a visitor visa, such as applying for jobs or enrolling in school. If the U.S. authorities believe that your intent is to stay permanently on a B-1/B-2 visa, it could complicate the transition process.
Step 5: Wait for Approval and Receive Your Green Card
Once Form I-526 is approved, and your adjustment of status (Form I-485) is processed, you will receive a conditional green card, which is valid for two years. After two years, you’ll need to file Form I-829 to remove the conditions and obtain permanent residency.
Want to start the process of converting your B-1/B-2 visa to EB-5? Contact The Law Offices of Sweta Khandelwal for expert assistance in making your transition smooth and successful.
The 90-Day Rule and Why Timing Matters
The 90-day rule is an important guideline to follow when transitioning from a B-1/B-2 visa to an EB-5 visa. This rule affects individuals entering the U.S. on a visitor visa, like B-1/B-2, and later applying for a change of status.
If you engage in activities that imply immigrant intent, within 90 days of entering the U.S., it can trigger issues with your immigration status. These actions may be seen as violating the terms of your B-1/B-2 visa.
Importantly, if you change your status or apply for a green card within this period, U.S. authorities might assume you misrepresented your purpose of entry into the country. If this happens, you’ll be required to provide proof that your actions weren’t intentional.
After 90 days, this presumption no longer automatically applies, but if there are still indications that you misrepresented your purpose, you might face additional scrutiny. It’s crucial to be aware of the timing when converting from a B-1/B-2 visa to an EB-5 green card, as any missteps can complicate your process.
Also Read: Understanding EB-1 Visa, EB-2 NIW and Extraordinary Ability
Can You Travel During the Transition from B-1/B-2 to EB-5 Green Card?
Violating the terms of your B-1/B-2 visa can jeopardize your eligibility for an EB-5 green card. If you leave the U.S. after applying for an EB-5 green card, you may need to obtain a travel permit to return while your application is pending. Any action that conflicts with your current visa status could risk your application for a change of status.
If you plan to travel, you must maintain your nonimmigrant status until your EB-5 petition is approved. By carefully managing your status, you can avoid complications and transition smoothly to the EB-5 green card.
Concerned about maintaining lawful status while converting your B-1/B-2 to EB-5? Speak to Sweta Khandelwal for expert legal assistance tailored to your situation.
Timeline and Application Cost on Converting B-1/B-2 Visa to an EB-5 Green Card
Transitioning from a B-1/B-2 visa to an EB-5 green card involves several steps, each with its own timeline:
- I-526 Processing: The petition for EB-5 immigrant investors can take between 62-90.5 months to process, depending on various factors such as case complexity and USCIS workload. The filing fee will be $11,160.
- I-485 Processing (If Inside the U.S.): If you’re applying from within the U.S., the adjustment of status typically takes 12.5–34 months. The cost for this form will be $1,440.
- EAD/AP (If Concurrent Filing): For those filing the Employment Authorization and Advance Parole concurrently, it usually takes 3–6 months to process.
Also Read: EB1A Extraordinary Ability Green Card Immigration Attorney
Common Challenges in the B-1/B-2 to EB-5 Process
The process of changing from a visitor visa to an investor-based green card is filled with hurdles. While it’s doable, you’ll need to keep a close eye on several pitfalls.
You might also be hoping for premium processing. Sadly, that’s not an option for EB-5 applications. This means waiting, sometimes more than two years, for petition approval. Add I-485 processing to that, and you could be looking at nearly three years in total.
This makes the timing extra tricky. If your current status runs out before you receive work or travel authorization, you could be stuck. And you can’t extend or change a B-1/B-2 just because you filed I-526.
These are all major concerns when you’re figuring out how to convert B-1/B-2 visa to an EB-5 green card. Each mistake can cause delays or, worse, denial.
Want to avoid these common pitfalls in your EB-5 journey? Speak with The Law Offices of Sweta Khandelwal to make sure you’re on the right path.
Final Thoughts
The EB-5 green card became more than just an idea; it became a goal. Now you know the process on how to convert B-1/B-2 visa to EB-5 green card without tripping over legal wires. You’ve seen the timelines. You understand the risks. The intent issues, the 90-day rule, and the lack of premium processing are a lot to juggle.
You don’t have to juggle it alone. Talk to someone who’s helped others make this transition confidently. Sweta Khandelwal can guide you through every step, so you don’t gamble your future on guesswork. The Law Offices of Sweta Khandelwal can show you real examples and help you build a strategy that works for your case. And if you’re ready to stop researching and start acting, then it’s time. Don’t let delays or confusion slow you down. Contact the Law Offices of Sweta Khandelwal today and move one step closer to your green card goal.
Disclaimer
Please note that the prices listed for visa services are estimates and may vary in real-time. We recommend consulting the official government websites or other authoritative resources for the most up-to-date pricing information. These estimates do not constitute a guarantee of costs, and fees may change without notice.
