Employment-based visas like H-1B link your right to live in the United States to your job. So, when it ends, your right to stay begins to run out, which puts you in a difficult position. You want to remain in the country and keep the life you built. Yet you also want to follow the rules and maintain legal status.
This is where the EB-5 program becomes relevant. In reality, EB-5 has become a lifeline for many laid-off skilled professionals who have just 60 days to look for a solution. By applying for work authorization and advance parole as you file your application, you earn the freedom to live, work, and travel while your case moves forward.
In this article, we will explain how to begin your EB-5 process so you can stay in the United States and continue your life with stability and purpose.
Why This Is the Best Time to Reset Your Path
How the Employment Authorization Document Gives You Stability
A Step-by-Step Plan to Guide Your Next Moves
Support From an Experienced EB-5 Firm
Why This Is the Best Time to Reset Your Path
Under the EB-5 Reform and Integrity Act of 2022, eligible investors can submit both the EB-5 immigrant petition (Form I-526E) and the adjustment of status application (Form I-485) at the same time. This option, commonly called concurrent filing, gives laid-off H-1B professionals a major advantage. It stops the 60-day grace period and lets families stay lawfully in the United States while USCIS reviews their EB-5 case.
As of the latest Visa Bulletin, both the rural and high-unemployment EB-5 visa categories remain current. This means investors born in all countries who choose a targeted employment area (TEA) project can still file concurrently and receive interim benefits. Additionally, by including Form I-765 (the employment authorization document application) and Form I-131 (advance parole) in the same package, you can secure legal work authorization and travel permission while waiting for your Green Card adjudication.
How the Employment Authorization Document Gives You Stability
The employment authorization document, or EAD, is often the most immediate and meaningful benefit of concurrent filing. With an EAD, you can work for any employer in the United States without sponsorship, start your own business, or even transition into a completely new industry. The document also grants your spouse the same unrestricted work rights.
Under current USCIS policy, EB-5-based EADs are issued for up to five years and can be renewed until you receive a Green Card. The associated advance parole document permits international travel and reentry without jeopardizing your immigration status. In practice, most EB5AN investors receive their EADs within 90 days of filing, sometimes much sooner. This allows them to resume employment and rebuild financial stability long before their Green Card is approved.
A Step-by-Step Plan to Guide Your Next Moves
For those considering EB-5 after a layoff, it’s important to get started right away because the process can move quickly. That said, here is the breakdown of what you can do to move towards your goal of stability:
- Day 0–10: Hire an immigration attorney with strong experience in EB-5 concurrent filings. Make sure the attorney understands the requirements of your country of origin and has handled EB-5 cases for similar clients. During this period, you should also gather your passport, I-94 record, prior H-1B approval notices, pay statements, and all civil documents for your family.
- Day 10–50: Choose an EB-5 project and transfer the required investment amount into escrow. When you review EB-5 projects, make sure you choose one that is financially sound and fully aligned with EB-5 program requirements, particularly those around the use of funds and job creation.
- Day 10–60: Prepare your source of funds documentation and file Forms I-526E, I-485, I-765, and I-131 for yourself and each eligible family member. Gathering your source of funds can be one of the most time-consuming steps, and rushing this part of the process can lead to requests for evidence or even notices of intent to deny. So, make sure to be thorough to avoid any unnecessary delays or setbacks.
- Month 3–6: Receive your employment authorization document and advance parole. Once you have these, you may begin or resume employment anywhere in the United States, and your spouse may do the same.
- Year 1–2: Receive your conditional Green Card once USCIS approves your I-526E petition. The timeline can be shorter for rural targeted employment area (TEA) projects because they qualify for priority processing.
- Year 3–4: Within the 90-day period before your conditional Green Card expires, file Form I-829 to remove conditions and obtain permanent resident status.
Support From an Experienced EB-5 Firm
A layoff creates uncertainty and stress, but it also gives you the chance to restructure your path in the United States. Thankfully, the EB-5 program gives you a direct route to permanent residency so you can get stability during a difficult moment. However, the first step is to select the right project.
EB5AN offers compliant and transparent EB-5 projects that help you pursue this path with confidence. With our guidance, 2,700+ investors from 70+ countries, including laid-off foreign workers, have become lawful permanent Green Card holders.
If you want to begin your EB-5 journey, schedule a free consultation with us to learn about your eligibility, timing, and investment options.