Can I convert my B-1/B-2 to an EB-5?

There is no direct or automatic conversion from a B-1/B-2 visa to an EB-5. They are instruments of fundamentally different natures: the B-1/B-2 is a nonimmigrant visa for temporary business or tourism visits, while the EB-5 is an investment-based immigration pathway aimed at permanent residence.

In practice, someone holding a B-1/B-2 who wants the EB-5 must initiate the program’s own process, with a qualifying investment and the corresponding petition, rather than simply ‘swapping’ one visa for the other. Depending on where the person is located, this can happen through adjustment of status inside the United States or through a consular process abroad.

An important consideration is the matter of intent: the B-1/B-2 presupposes a temporary stay, so pursuing permanent residence shortly after entering as a visitor can raise questions about the original intent. Such inconsistencies may lead to delays or complications during the review.

Because the requirements, costs, and steps of the EB-5 change over time, verify the current rules at the official source (USCIS) and assess your status strategy with an immigration specialist before taking any steps.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.