Is it possible to change from EB-2 or EB-3 category to EB-5?

The EB-5 program is an investment-based immigration option with its own requirements, distinct from the EB-2 and EB-3 visas, which are aimed at skilled workers and professionals with job offers. In general terms, if you are considering moving from one of the employment-based categories (EB-2 or EB-3) to EB-5, you will need to follow the specific investment criteria that EB-5 requires.

This means you must file a new petition under the EB-5 framework, demonstrating the investment in an American business that meets all program requirements, such as the minimum capital investment and the creation or preservation of jobs for U.S. citizens or residents. Even if you are already qualified or in process under the EB-2 or EB-3 category, your EB-5 application will need to be evaluated independently, based on the viability and compliance of the investment made.

It is important to remember that, although it is not uncommon for immigrants to explore more than one path or make changes to their immigration strategy, each category has its own set of criteria and procedures. Therefore, you do not ‘automatically’ switch from one category to another, but instead, you start a new petition process under EB-5 rules.

Strictly following U.S. immigration laws and obtaining information from official sources is essential to avoid future issues. For this reason, it is recommended that, when considering this transition, you carefully analyze EB-5 requirements, seek updated information from the competent authorities, and be cautious of offers that promise guaranteed results without proper legal compliance. Consulting specialized and recognized professionals in the immigration field is always an important step to guide your path, but it is wise to exercise caution and avoid proposals that may conflict with official regulations.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.