Short answer: the usual way for US graduates to stay and work is the H-1B, but it is capped and allocated by lottery, so not everyone is selected. EB-5 has no lottery or employer requirement; if numbers are available you can file I-485 concurrently and get a work permit while waiting for the green card.
Three routes compared
| H-1B | EB-5 | EB-2 NIW | |
|---|---|---|---|
| Employer needed | Yes | No | No |
| Lottery | Yes | No | No |
| Status | Work visa | Green card | Green card |
| Main requirement | Degree and employer sponsorship | From USD 800,000 and a lawful source of funds | Advanced degree and national interest |
| Suits | Those with an employer, willing to enter the lottery | Families with funds wanting certainty | Master’s or above with research or professional achievements |
Why EB-5 helps students
- No lottery: a more certain path after graduation.
- Concurrent filing: while in valid student status, you can file I-485 when numbers are available — see concurrent filing.
- Freedom to work: once you have a work permit, work for any employer or start a business.
- Tuition: with a green card, some state universities charge in-state rates.
Timing
- File early: ideally while student status is still valid.
- Source of funds: usually a gift from parents — prepare the evidence early (gifted funds).
- Age: investors have no age limit, but children joining a parent’s case must be under 21 — see CSPA.
Our advice
For families with funds who value certainty, EB-5 is a dependable alternative to the H-1B; graduates with strong research backgrounds can also assess EB-2 NIW. As of October 2026.