Yes, a foreign national in the U.S. on an H-1B Visa may make an EB-5 investment. The best option here is likely a regional center investment since an H-1B worker would not be permitted to manage a direct investment. A direct investment is possible, however, since the H-1B Visa does not restrict a foreign national from owning a company in the U.S., and once the I-526 is approved and status is adjusted, the investor would be allowed to manage the company.