Microsoft and Adobe’s Green Card Freeze Raises a Bigger Question: Employer Sponsorship or EB-5?

On October 8, 2026, the U.S. government announced that Microsoft, Adobe, and six major IT companies would be shut out of the Permanent Labor Certification program, known as PERM. Officials said the Department of Labor would stop accepting new applications and processing pending ones from the affected employers.

The announcement interrupted a key route to permanent residence for H-1B workers who had built their immigration plans around their jobs.

Employees could still hold valid H-1B status and continue working, yet find their Green Card cases unable to advance. That leaves an uncomfortable question: how much security does a good job provide if the employer can no longer move the immigration process forward?

For H-1B visa holders who have the required capital, the EB-5 Immigrant Investor Program offers a direct path to a Green Card without employer sponsorship. Eligibility rests on a qualifying investment, lawful funds, job creation, and compliance with the program’s requirements.

Your employer does not have to offer you a permanent position, complete recruitment, or file an immigrant petition on your behalf.

In this post, we’ll delve deeper into the PERM freeze for major companies, the risks of temporary work-based visas, and the greater security that U.S. Green Cards can provide through the EB-5 program.

What the Microsoft and Adobe PERM Freeze Means for Employees

The eight employers named in the announcement were Microsoft, Adobe, Cognizant, Infosys, Tata Consultancy Services, Wipro, HCL Technologies, and Capgemini. The action targeted these companies’ participation in PERM rather than suspending the program nationwide.

The administration cited alleged immigration abuse and concerns about employers laying off Americans while using foreign labor. Microsoft defended its hiring practices. The public allegations and the company’s response should be distinguished from a court finding that an employer committed fraud. For employees, however, the immediate concern was what would happen to their pending cases and planned filings.

PERM is generally required for employer-sponsored EB-2 and EB-3 Green Cards. Before filing the worker’s immigrant petition, the employer must obtain a prevailing wage determination, recruit U.S. workers, and secure labor certification. The process tests whether qualified U.S. workers are available and whether hiring the foreign worker would harm comparable U.S. workers’ wages or working conditions.

A suspension can therefore stop a case before the employer can file Form I-140 with U.S. Citizenship and Immigration Services (USCIS). Someone who has already waited through recruitment and filing preparations may have no reliable date for the next step. As of October 30, 2026, the announced suspension had no publicly confirmed end date.

The announcement did not itself cancel existing H-1B status or announce blanket revocation of previously approved I-140 petitions. Its consequences depend on each employee’s stage in the process. Workers still needing a PERM filing face a different problem from those who already have a valid approved immigrant petition.

H-1B status normally has a six-year limit, although qualifying Green Card filings can support extensions beyond that limit.

A delay in starting the permanent residence process can make those extension rules harder to use. Continued employment alone does not guarantee that a worker will have the filings needed when the six-year limit approaches.

Employer-Sponsored Green Cards vs. EB-5: Side-by-Side Comparison

The table compares the usual PERM-based EB-2 and EB-3 process with EB-5. Some other employment-based categories, including EB-1 and EB-2 national interest waivers, do not require PERM.

Can an H-1B Visa Holder Apply for EB-5 Without Employer Sponsorship?

Under EB-5, you file an I-526E immigrant petition based on your own investment. You can begin preparing your case without waiting for a manager to approve sponsorship or for a company to decide when it will start your Green Card process. The EB-5 immigration process has defined investment and filing requirements that you can work through with your immigration attorney.

EB-5’s independence from employer sponsorship continues after filing. A new supervisor, a hiring freeze, or your employer’s decision to stop sponsoring employees does not, by itself, undo your EB-5 eligibility. A PERM suspension involving your employer does not stop USCIS from reviewing your separate investment petition.

You also do not need to qualify for a specialty occupation, prove extraordinary ability, or establish that your professional work warrants a national interest waiver. EB-5 evaluates your investment and compliance with its requirements rather than your academic credentials or professional achievements. EB-5 is therefore available to qualified investors across occupations.

Once you obtain permanent residence through EB-5, you can generally work for an employer without immigration sponsorship, change careers, or start a business. For a professional who has turned down opportunities because another company would not sponsor a visa, those career benefits of EB-5 can substantially change the choices available.

How Concurrent Filing Works for EB-5 Investors: Greater Independence Before Green Card Approval

Eligible H-1B workers already in the United States can submit Form I-485, the adjustment of status application, together with their EB-5 petition. This is called concurrent filing. It allows them to apply for permanent residence without first waiting for USCIS to approve Form I-526E, provided visa availability and the other adjustment requirements permit filing.

With a pending adjustment application, investors can also apply for an Employment Authorization Document (EAD) and advance parole. An approved adjustment-based EAD generally allows work without an H-1B sponsor. Advance parole provides a way to request reentry after travel while the adjustment case remains pending.

The EAD and advance parole benefits can arrive before the Green Card itself. For example, an investor with a valid adjustment-based EAD could accept a position at a company that does not sponsor H-1B workers. The investor would not have to persuade that company to take over the EB-5 case. The work and travel benefits available through adjustment can therefore reduce employer dependence while USCIS reviews the investment petition.

Filing alone does not authorize new employment or international travel. A pending I-485 generally provides a period of authorized stay, rather than H-1B status. Investors should coordinate any job change or departure with their attorney, including whether to preserve H-1B status while the case is pending.

One Investment Can Provide Green Cards for Your Family

An EB-5 investor’s spouse and qualifying unmarried children under 21 can pursue permanent residence through the same investment. Each family member still needs the appropriate application, an available visa number, and approval, but a separate $800,000 investment is not required for each person.

The family benefits of EB-5 continue after Green Card approval. A spouse can generally work without relying on H-4 employment authorization rules, and children can plan their education and careers as permanent residents. Families with children approaching 21 should review age-protection rules early; filing a petition does not automatically eliminate every risk of aging out.

EB-5 initially grants two-year conditional permanent residence, which includes the right to live and work in the United States. Investors later file Form I-829 to remove the conditions on their residence.

EB-5 Requirements, Costs, and Visa Availability Are Independent From Your Employer’s Decisions

Currently, the minimum investment is $800,000 for a qualifying targeted employment area (TEA) or infrastructure project, and $1,050,000 otherwise. A TEA can qualify through rural location or high unemployment. Legal fees, project administration charges, and government filing fees are additional.

Investors must document the lawful source and path of their funds. Depending on the circumstances, funds can come from salary savings, investment proceeds, property sales, gifts, or qualifying loans. The records must explain how the money was obtained and trace its movement into the investment.

The capital must be at risk, and the investment must meet the applicable sustainment and job creation requirements. USCIS approval does not guarantee repayment. Reviewing a project’s financing, job creation, repayment plan, and investor protections is part of choosing an EB-5 investment. An approved Form I-956F establishes project-level approval, but investors must still establish their individual eligibility.

EB-5 also has its own visa allocations, including reserved categories, also called set-asides. The November 2026 Visa Bulletin lists all three reserved categories as current for all countries, including China and India. The current status of all three reserved categories creates an opportunity for eligible investors to file without the cutoff dates affecting many EB-2 and EB-3 applicants.

Rural EB-5 petitions also receive priority processing under the EB-5 Reform and Integrity Act of 2022. Rural priority processing can shorten the petition stage, although petition approval and visa availability remain separate questions. Investors should compare the immigration benefits of each project category alongside the quality of the underlying investment.

Preparing Your Own Green Card Application: Upcoming EB-5 Fee and Investment Amount Changes

EB-5 offers an H-1B professional the ability to pursue permanent residence while continuing an existing career. You can review projects and prepare your funds documentation without waiting for your employer’s PERM access to be restored. Your attorney can then determine whether you can file for adjustment of status at the same time.

Two approaching EB-5 cost changes should be included in that planning. Under the new EB-5 fee schedule effective November 30, 2026, the initial I-526E fee and accompanying Integrity Fund charge will rise from a combined $4,675 to $8,950. The initial I-526E fee and accompanying Integrity Fund charge are separate from the actual EB-5 investment.

The minimum investment is also scheduled to adjust for inflation on January 1, 2027. The applicable amount depends on when the petition is filed. Transferring investment funds before the increase does not by itself preserve the current minimum for a petition filed afterward.

EB-5 gives H-1B professionals a way to pursue a Green Card that does not depend on their company’s willingness or ability to sponsor them. To discuss available investments and how to begin, schedule a free consultation with EB5AN.