The H-1B cap offers only 65,000 general slots plus 20,000 for U.S. master’s holders, leaving outcomes largely to chance. In a layoff or termination, an H-1B holder has 60 days to find new employment or leave, because status is tied to the employer. EB-5 removes the employer from the equation. Because H-1B allows dual intent, you can file the EB-5 petition (I-526E) and adjustment of status (I-485) at the same time when a visa number is available, along with an Employment Authorization Document and advance parole, providing work and travel authorization that does not depend on an employer. If you are later laid off with that adjustment pending, the work authorization does not disappear with the job.

The E-2 treaty investor visa lets you live in the U.S. and run a business, and it can be renewed without limit. What it cannot do is make any of it permanent. E-2 is a non-immigrant visa that does not provide permanent residency, and it requires an intention to depart the United States when status expires. EB-5 is the immigrant counterpart, building on a concept you already understand, capital placed at risk to create jobs, and converting it into permanent residence for your whole family. Because E-2 carries no dual intent, immigration attorneys advise careful coordination when moving toward EB-5 so that valid status is preserved throughout.

TN gives Canadian and Mexican professionals a renewable way to work in the U.S., but it is temporary by nature and expects non-immigrant intent. Renewals, legal fees, and travel add up over the years, and dependent children lose status at 21. EB-5 ends that cycle. It grants permanent residence that is not tied to your profession or your employer, and your spouse and unmarried children under 21 are included on the same petition. As with E-2, attorneys recommend coordinating the transition carefully, since TN does not allow dual intent.