EB5AN recently hosted a webinar featuring EB5AN Founder and Managing Partner Sam Silverman alongside immigration attorney Ili Chavez Subhan from Subhan Law, for H-1B visa holders and their families seeking clarity about the EB-5 Immigrant Investor Program and its potential advantages in today’s immigration environment.
The discussion centered on the practical benefits of concurrent filing, the flexibility offered by employment authorization documents (EAD), the importance of careful due diligence, and the faster processing trends associated with rural EB-5 projects. The webinar provided not only information but also a strategic framework for long-term immigration planning.
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Adjustment of Status and the Power of Concurrent Filing
Employment Flexibility and Protection Against Layoff Risk
Travel Flexibility and Everyday Stability
The Importance of Professional Guidance and Due Diligence
Rural Projects and Faster Processing Trends
A Strategic Path for Long-Term Security
Adjustment of Status and the Power of Concurrent Filing
Ili Chavez Subhan began by explaining the adjustment of status process, commonly known as filing Form I-485. Adjustment of status allows individuals who entered the United States lawfully and maintained valid status to apply for permanent residence from within the country, rather than returning abroad for consular processing.
For H-1B specialty occupation workers including engineers, scientists, computer programmers, and other highly skilled professionals, this option can be particularly powerful. Through the EB-5 program, eligible investors may file their immigrant petition concurrently with their adjustment of status application, provided a visa is currently available in their category.
Concurrent filing allows applicants to seek not only permanent residency but also interim benefits while their case is pending. Ili explained that individuals can apply at the same time for employment authorization and advance parole travel permission. This ability to file multiple applications together creates meaningful flexibility during the immigration process.
In the current political climate, where immigration policy and employment sponsorship can feel uncertain, concurrent filing offers a pathway that provides greater control. Rather than remaining entirely dependent on employer sponsorship, applicants gain the opportunity to move toward permanent residency while maintaining lawful presence in the United States.
Ili also noted that employment authorization document processing times have shown encouraging improvements in recent months.
Employment Flexibility and Protection Against Layoff Risk
A major focus of the webinar was the vulnerability that many H-1B holders face due to employer dependence. H-1B status is generally tied to a sponsoring employer, and when employment ends, individuals typically have only a 60-day grace period to secure new sponsorship or depart the country.
Ili shared the example of a software engineer who had worked at Oracle for 15 years before being laid off. After building a life in Silicon Valley, raising a family, purchasing a home, and establishing financial roots in the United States, he suddenly found himself facing the possibility of having to leave the country within a matter of weeks.
The emotional and practical consequences of such a situation can be severe. When employment ends unexpectedly, the limited grace period creates pressure and uncertainty at a time when individuals are already managing professional and personal disruption.
Ili explained that if this individual had previously filed through EB-5 and obtained an employment authorization document, he would not have been restricted by the 60-day grace period. With an approved EAD, an individual is no longer tied to a specific employer or sponsorship arrangement. Instead, they may work for any eligible employer, pursue different career opportunities, or explore entrepreneurial ventures without filing a new H-1B petition.
For many H-1B professionals, this flexibility represents one of the most compelling advantages of concurrent filing. It shifts the balance of control, reducing dependence on a single employer and providing greater long-term security.
Travel Flexibility and Everyday Stability
In addition to employment authorization, adjustment of status applicants may apply for advance parole, which allows them to travel internationally and return to the United States without abandoning their pending Green Card application.
Ili emphasized that this benefit can be especially meaningful for families with strong ties abroad. Whether visiting aging parents, attending important family events, or responding to emergencies, the ability to travel without jeopardizing immigration status provides reassurance during a lengthy adjudication process.
Beyond travel and employment mobility, adjustment of status also supports broader financial and personal stability. Once individuals receive employment authorization, they can obtain a Social Security number, build credit history, secure housing more easily, and establish stronger financial foundations in the United States.
These practical considerations often weigh heavily for professionals who have spent many years contributing to the U.S. economy and building lives for their families. The webinar conversation reinforced that EB-5 is not solely an investment strategy but also a pathway toward greater permanence and flexibility.
The Importance of Professional Guidance and Due Diligence
Throughout the presentation, Ili stressed that the first step in pursuing EB-5 should always be consultation with a qualified immigration attorney. Proper legal guidance ensures that applicants meet eligibility criteria and that their source of funds can be clearly documented and traced, which is a critical component of the EB-5 petition.
The process typically begins with selecting legal counsel, a step that may take several weeks depending on the investor’s due diligence. After engaging an attorney, prospective investors evaluate regional centers and specific projects. This review period often extends over several months as individuals examine offering documents, financial projections, and job creation analyses.
Transparency and thorough documentation are essential when evaluating a project. Investors must feel confident not only in the immigration strategy but also in the underlying business plan and compliance framework.
Once a project is selected and the investment is made, the investor and legal team work together to prepare source of funds documentation and file the necessary petitions. Depending on the complexity of the investor’s financial background, this preparation phase may take several months.
Ili explained that while timelines vary, careful planning and methodical preparation significantly increase the likelihood of a smooth filing process.
Rural Projects and Faster Processing Trends
Sam Silverman concluded the webinar by discussing approval trends and the growing impact of rural project designations under the EB-5 Reform and Integrity Act.
According to EB5AN’s internal data, rural projects have demonstrated significantly faster processing times compared to urban projects. Sam noted that, based on the firm’s experience with nearly 800 I-526E approvals, investors selecting rural projects have seen encouraging adjudication timelines.
In recent months, approximately 80 percent of EB5AN’s rural investors have received petition approvals within eleven months. Following approval, applicants typically proceed through the final issuance of their physical Green Cards within a few additional months.
For many H-1B professionals accustomed to lengthy employment-based backlogs, the possibility of receiving approval within roughly a year presents a compelling alternative.
Sam emphasized that while each case is unique, current data suggests that rural designation can meaningfully influence processing speed, making project selection a critical strategic decision.
A Strategic Path for Long-Term Security
The webinar underscored a broader trend among highly skilled professionals. Increasingly, H-1B visa holders are exploring investment-based immigration solutions that offer greater autonomy and predictability.
Through concurrent filing, employment authorization, travel flexibility, and faster rural processing, the EB-5 program provides a structured pathway toward permanent residency for investors and their immediate family members. As immigration policies continue to evolve and employment markets fluctuate, education and proactive planning remain essential.
More than 2,700 families from over 70 countries have selected EB-5 projects sponsored by EB5AN regional centers. Our expert team has more than a decade of experience and offers 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.
