H-1B Professionals: Where EB-5 Fits When Your Status Depends on Your Employer

The news last month was about EB-5 deadlines. For many H-1B professionals, the bigger question is what their status depends on.

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Much of that news centered on September 30, 2026. Regional Center investors who filed Form I-526E on or before that date keep their petitions protected if the Regional Center Program later lapses. But many of the H-1B professionals contacting us were asking something else: My status depends on my employer’s decisions. Is there a way to stop depending on them? For many of them, that question leads to EB-5.

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Two September Actions That Put H-1B Under New Scrutiny

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• Employer layoffs are now a factor. On September 18, 2026, the President signed Executive Order 14431, Enhancing Program Integrity and Interagency Coordination in the Administration of the H-1B Nonimmigrant Visa Program (91 Federal Register 60501, September 23, 2026).¹ Under Section 3(a), the Secretaries of State, Labor, and Homeland Security must take into account whether the sponsoring employer has “directly or indirectly engaged in layoffs within the previous year or plans future layoffs” that negatively affect “similarly situated United States workers.”² That applies at every stage: the labor condition application, the petition, the visa, and admission at the border.

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• The $100,000 payment requirement was extended. On the same day, Proclamation 11069, Restriction on Entry of Certain Nonimmigrant Workers (91 Federal Register 60497, September 23, 2026), extended Proclamation 10973 (September 19, 2025) through September 21, 2027.³ Proclamation 10973 restricts the entry of H-1B workers unless their petitions are accompanied by a $100,000 payment, a requirement the government applied to certain petitions for workers outside the United States.⁴ However, on June 8, 2026, the United States District Court for the District of Massachusetts vacated the government’s policy implementing the payment in State of California v. Mullin, Case Number 1:25-cv-13829.⁵ On July 24, 2026, the United States Court of Appeals for the First Circuit denied the government’s request to put that ruling on hold while it appeals, so the payment is not being collected for now.⁶

Neither action ends anyone’s H-1B status. But both tie an H-1B professional’s future more closely to things they do not control: their employer’s staffing decisions, the agencies’ review priorities, and how the litigation turns out. An employee with a clean record could face more scrutiny because of layoffs elsewhere in the company.

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How EB-5 Fits

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EB-5 is an employment-based fifth preference immigrant category, and it does not depend on a sponsoring employer or a particular job. The investor qualifies by making a qualifying investment in a new commercial enterprise that creates full-time positions for at least 10 qualifying United States workers. Under current law, the minimum investment is $800,000 in a Targeted Employment Area and $1,050,000 elsewhere. The investor’s spouse and unmarried children under 21 can qualify as derivative beneficiaries.

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For an H-1B professional already in the United States, the most useful feature is concurrent filing, which was introduced by the EB-5 Reform and Integrity Act of 2022.⁷ If the investor’s priority date is current under the Visa Bulletin chart that United States Citizenship and Immigration Services is using, the investor can file Form I-485 (Application to Register Permanent Residence or Adjust Status) together with Form I-526E. While the I-485 is pending, the investor and derivative family members can generally remain in the United States and apply for employment authorization and advance parole.

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Final Word

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EB-5 is not a quick fix, and it is not right for everyone. But for H-1B professionals whose plans depend on an employer’s decisions and on shifting agency priorities, it is a path to permanent residence that depends mainly on their own investment and preparation. If you are weighing that path, start with an honest look at your current status, your timeline, and how you will document your funds.

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If you have questions about the EB-5 program, contact our Investor Relations Team to learn more or to discuss your options with an experienced advisor.

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_{This article is provided for informational purposes only and reflects conditions as of October 2026. It does not constitute legal advice. Immigration timelines and program details are subject to change. Please consult a qualified immigration attorney for advice specific to your circumstances.}

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^{1. Executive Order 14431, Enhancing Program Integrity and Interagency Coordination in the Administration of the H-1B Nonimmigrant Visa Program, 91 Federal Register 60501 (September 23, 2026), https://www.federalregister.gov/d/2026-19555.}

^{2. Executive Order 14431, Section 3(a).}

^{3. Proclamation 11069, Restriction on Entry of Certain Nonimmigrant Workers, 91 Federal Register 60497 (September 23, 2026), https://www.federalregister.gov/d/2026-19554.}

^{4. Proclamation 10973, Restriction on Entry of Certain Nonimmigrant Workers, 90 Federal Register 46027 (September 24, 2025), https://www.federalregister.gov/d/2025-18601.}

^{5. State of California v. Mullin, Civil Case Number 1:25-cv-13829-LTS (United States District Court for the District of Massachusetts, June 8, 2026) (order granting summary judgment to the plaintiff states and vacating the policy).}

^{6. State of California v. Mullin, Case Number 26-1699 (United States Court of Appeals for the First Circuit, July 24, 2026) (order denying the motion for a stay pending appeal), https://www.ca1.uscourts.gov/sites/ca1/files/opnfiles/26-1699O-01A.pdf.}

^{7. EB-5 Reform and Integrity Act of 2022, Public Law 117-103, Division BB, adding Immigration and Nationality Act Section 245(n), 8 United States Code 1255(n).}