H-1B Holders Can No Longer Wait—In Comes The Dual-Path Approach to the Green Card Process

Nathan Patel
Jul 7
3 min read

Updated: Jul 14

At EB-5 USA, we work closely with hundreds of high-skilled professionals each year—many of

whom began their journey on an H-1B visa. In today’s tightening immigration landscape, we’re

seeing a marked shift: more H-1B visa holders are no longer relying on a single pathway to U.S.

permanent residency. Instead, they’re pursuing a dual-path strategy, combining EB-2 or EB-3

employer-sponsored petitions with the EB-5 Immigrant Investor Program. Here’s why.

Growing Backlogs and Visa Retrogression

While the employment-based green card categories (EB-2 and EB-3) remain essential channels

for many foreign nationals, country-based backlogs—particularly for Indian and Chinese

nationals—have grown increasingly severe. According to the July 2025 Visa Bulletin, final action

dates for EB-2 India have regressed to 2013. That means even qualified applicants who’ve lived

and worked in the U.S. for over a decade are still waiting, with no guarantee of movement.

As backlogs deepen, applicants face growing risks:

Children "aging out" at 21 and losing dependent eligibility
Visa status disruptions due to layoffs or corporate restructuring
Career stagnation due to sponsorship-related restrictions

Source: US Department of State July 2025 Visa Bulletin

EB-5 as a Parallel Track

Unlike EB-2 or EB-3, the EB-5 program is not tied to employer sponsorship or per-country caps. By investing $800,000 in a qualifying regional center project, H-1B holders can self-petition for a green card while retaining their existing employment-based status. The Reform and Integrity Act of 2022 allows for concurrent filing of I-526E (EB-5) and I-485 (Adjustment of Status), giving eligible applicants:

Work authorization (EAD) and advance parole
Independence from employer timelines
A green card path based on investment, not job sponsorship

The Dual-Path in Action: Real Scenarios

Here’s what we’re seeing on the ground in 2025 driving the Dual-Path:

H-1B Professionals Laid Off: With only 60 days to find a new sponsor, many are using EB-5 to file for Adjustment of Status concurrently, securing work and travel permits while maintaining legal stay.
Parents of Teenagers: Those with dependent children aged 16–20 are using EB-5 to lock in a priority date, preventing children from aging out of dependent eligibility under the Child Status Protection Act (CSPA).
Mid-Career Tech Employees: With 10+ years already spent in the U.S. workforce, many are no longer willing to leave their future to the uncertainty of visa bulletins and employer sponsorship volatility.

According to our EB-5 filing data, the number of H-1B holders initiating EB-5 filings as a parallel strategy has doubled in the first half of 2025 compared to the same period last year.

Strategic Benefits of a Dual-Path

The dual-path approach isn't just about hedging risks—it's about maximizing opportunity. By pursuing EB-5 alongside their EB-2 or EB-3 track, applicants gain:

For high-skilled immigrants who are already contributing to the U.S. economy, a dual-path strategy ensures that a single layoff or policy change doesn't derail years of progress.

Common Questions We Hear:

1. Does starting EB-5 impact my EB-2/EB-3 process?

No. You can pursue both simultaneously. In fact, whichever green card becomes available first is the one USCIS will adjudicate. Specific regional centers will return your EB-5 investment if the green card arrives sooner through the other route.

2. What happens if EB-2 priority dates move forward?

You can choose to withdraw your EB-5 petition and continue with EB-2. The flexibility to pivot makes this strategy attractive.

3. Can I start EB-5 even if I’m on OPT or F-1?

Yes. Many F-1 and STEM OPT holders are also pursuing EB-5 to gain control over their immigration path early.

Our Managing Director Weighs In:

“I believe the future of employment-based immigration will increasingly involve hybrid strategies. The H-1B to EB-2/EB-3 pipeline has helped thousands secure permanent residency, but backlogs and policy unpredictability have made sole reliance on one path risky. By combining EB-5 with employer-sponsored options, immigrants can take charge of their future—and protect their families in the process”

-Delo Baker, Managing Director, EB-5 USA.