The H-1B visa is a temporary work visa in which the individual must remain in the company that sponsored them until they become green card holders. However, this could take years – especially for Indian and Chinese nationals that face long years of backlog, making it very hard to see a light at the end of the tunnel. In 2022, we saw thousands of layoffs in the tech industry, many of which included H-1B visa holders. This left thousands of individuals and families struggling to find other routes to stay in the United States and obtain their permanent residency. The good news is, EB-5 can serve as an alternative for H-1B workers that have the means to invest $800,000 into a qualified EB-5 project.

Given the recent 2022 EB-5 Reform and Integrity Act – which Pathways’ CEO, Jeff Campion, was an integral part of making it happen – H-1B workers, as well as student visa holders, have the capacity to apply for Adjustment of Status at the same time as the EB-5 petition. Once the Adjustment of Status is filed, the applicants, and dependents, can receive an Employment Authorization Document within a few months of filing. This gives applicants the freedom to stay and work in the United States without being tied down to a specific employer. More importantly, it provides a safety net in case of loss of employment with the sponsor.

For more information on the potential switch from H-1B or F-1 visa to EB-5, please contact us at