EB-5 for Tech Professionals: How Software Engineers and Developers Can Benefit

In recent years, the tech sector has been buffeted by waves of change, with many companies grappling with global shifts in trade policies and economic pressures. The fallout of these changes has led to widespread layoffs in the industry, leaving many tech professionals, including software engineers and developers, facing uncertainty about their future in the United States.

For foreign workers on temporary visas such as H-1B, these layoffs can spell disaster. Losing a job can put their ability to stay in the U.S. in jeopardy, as they may be unable to find another sponsor in time. As companies continue to adjust to these shifting forces, tech professionals must consider how to protect their future, as well as their family’s.

One solution that has gained increasing popularity in recent years is the EB-5 Immigrant Investor Program, which provides a secure pathway to permanent residency, also known as a Green Card, for foreign nationals. Compared to the uncertainty inherent in other visa categories, the EB-5 program offers significant benefits for software engineers and developers.

In this article, we will explore how the EB-5 visa can help tech professionals navigate the challenges of the current job market and achieve long-term stability in the U.S.

The Limitations of H-1B Visas for Software Engineers and Developers

The H-1B visa has long been a popular pathway for foreign workers in the tech industry, allowing qualified professionals, including software engineers and developers, to work in the U.S. for an employer who sponsors them.

However, this visa program comes with a number of significant limitations that have left many tech workers vulnerable, especially as the landscape of the tech industry has changed.

Job Dependence

One of the most glaring limitations of the H-1B visa is its dependence on an employer. If a tech worker loses their job, they must find a new employer to sponsor their visa within a short timeframe, typically 60 days.

In a competitive job market, where layoffs are increasingly common, this can be incredibly stressful. The uncertainty of not knowing whether one will find a new sponsor in time adds to the precariousness of the situation.

And if a laid-off worker doesn’t find a new employer willing to sponsor them within the designated time frame, they may be forced to leave the country.

Visa Cap and Lottery System

The annual cap on H-1B visas further complicates matters.

Despite high demand for tech talent, the government limits the number of H-1B visas issued each year—with the H-1B process functioning like a lottery system.

Additionally, policy changes and political uncertainty surround the H-1B program. This can create additional hurdles for tech professionals seeking to stay in the U.S. under this visa, especially when the demand for visas exceeds the supply.

Limited Career Flexibility

The H-1B visa restricts tech workers to working for the specific employer that sponsors them. This limits professional mobility and can prevent individuals from exploring new opportunities, whether at other companies or through entrepreneurial ventures.

Put simply, H-1B visa holders are largely at the whims of their sponsoring employers—they are restricted in where they can live and how much money they can potentially earn.

Given these limitations, it’s clear that the H-1B visa may not offer the long-term security and flexibility that many software engineers and developers need. The good news is that there is an alternative that provides a more stable and direct route to permanent residency: the EB-5 visa.

The EB-5 Program: A Secure Pathway to a Green Card

The EB-5 program offers foreign nationals the opportunity to obtain a Green Card by investing in a U.S. business.

Unlike many other employment-based visas, this program is not limited to any specific industry or professional background, making it an ideal choice for tech professionals who may be seeking more stability and independence.

The basic premise of the EB-5 program is simple: A foreign investor must invest at least $1,050,000 (or $800,000 if the investment is in a targeted employment area) into a U.S. new commercial enterprise that will create or preserve at least 10 full-time jobs for U.S. workers.

Upon meeting these investment and job creation requirements, the investor and their immediate family members (spouse and children under 21) can apply for a Green Card.

For software engineers and developers, the EB-5 program offers several advantages.

Independence and Flexibility

Unlike the H-1B visa, which ties workers to a specific employer, the EB-5 visa provides holders with significant freedom.

Tech professionals on the EB-5 visa are not restricted by employer sponsorship. While this means EB-5 visa holders can switch jobs should they so choose, it also opens up the possibility of starting an independent business, whether it’s a tech startup or another entrepreneurial venture—or of not working at all—without the fear of losing status.

Direct Path to a Green Card

One of the most significant benefits of the EB-5 program is the direct path it offers to permanent residency and eventual U.S. citizenship.

While H-1B holders must navigate a complex system of renewals and extensions, EB-5 investors can apply for a Green Card after fulfilling the investment and job creation requirements.

This pathway to a Green Card provides long-term stability for tech professionals, allowing them to build a life in the U.S. without the constant worry of visa status.

Faster and More Predictable Processing

While obtaining a Green Card through other channels such as employer-sponsored visas can take years, the EB-5 program offers a faster and more predictable timeline.

EB-5 investors may be able to secure a Green Card within 12 months, making it a more appealing option for those who are seeking a stable future in the U.S. One recent EB5AN investor even received their I-526E approval in 6.5 months.

Family Benefits

Crucially, tech workers don’t have to worry about leaving their family behind if they opt for an EB-5 instead of an H-1B visa.

The EB-5 program provides an opportunity for investors to bring their immediate family members (spouse and children under 21) to the U.S. on derivative Green Cards. This is an important benefit for tech professionals who may want to secure a future for their families as well as themselves.

Conditional residency obtained through the EB-5 program also confers additional benefits on investors’ family members—including access to the U.S. healthcare system and qualifying for lower educational costs.

Starting Independent Businesses With the EB-5 Visa

For many software engineers and developers, one of the most attractive aspects of the EB-5 program is the opportunity to start an independent business. The EB-5 visa does not limit investors to working for others; it also offers the possibility of creating and running their own company.

This flexibility is especially appealing in the tech industry, where innovation is key. By securing a Green Card through the EB-5 program, tech professionals can take the entrepreneurial leap and start a business in the U.S. without worrying about visa status or job dependence.

Critically, having an EB-5 Green Card unlocks additional financing opportunities that can help you launch your business.

Whether launching a tech startup, creating a software development firm, or investing in a related technology business, the EB-5 program offers the tools and security needed to pursue these ventures.

Why Now Is the Time to Consider EB-5

Given the current climate in the tech sector, with layoffs on the rise and uncertainty surrounding visa programs like the H-1B, it’s more important than ever for software engineers and developers to consider alternative pathways to permanent residency.

The EB-5 program provides a secure, flexible, and faster route to a Green Card, offering tech professionals the opportunity to build a stable future in the U.S. for themselves and their families.

By taking advantage of the EB-5 program now, before further potential policy changes or uncertainties arise, software engineers and developers can safeguard their status and take control of their professional futures. Whether converting from an H-1B or looking to come to the U.S. for the first time, the EB-5 visa offers a valuable opportunity for those looking to stay and thrive in the U.S. tech industry.

​​EB5AN has helped more than 2,700 families from 70+ countries relocate to the United States as lawful permanent residents. Our expert team has more than a decade of experience, and we offer our clients first-rate, low-risk EB-5 regional center projects with a 100% USCIS project approval rate.

If you would like to know more about your EB-5 investment options, book a free call with our expert team today.