As Tech Layoffs Continue, EB-5 Remains the Ultimate Immigration Strategy

May 1st, 2024 Greg Sheehan

The EB-5 Reform and Integrity Act of 2022 created program improvements that allow H1-B families to decouple immigration from employment quickly by filing for an EB-5 Immigrant Visa and Adjustment of Status at the same time. By moving from H1-B to EB-5, investors can obtain a 5 year Employment Authorization Document in 3 to 4 months while protecting the ages of their unmarried children under 21, without any fears of layoffs or employment requirements to remain in the United States.

This post will outline Behring’s market leading ability to assist those considering EB-5, with a specialized focus on visa holders in the US, specifically those here on H-1B.

Market Reality Pushes H1-B Toward EB-5 Visas

Tech layoffs continue to challenge H1-B workers because they are in the United States on a visa that is contingent on their employment. This coupling of employment and immigration allows for family members to work and stay in the US – but layoffs jeopardize the entire family’s lifestyle. 

Major tech firms like Google, Tesla, Apple, and Amazon continue to announce mass layoffs, an unfortunate trend in the tech sector. For an H-1B employee facing a layoff, the mandate is clear; find another option or leave the United States. This scenario is particularly daunting because obtaining a green card through H-1B employment is mostly impossible for many workers born in India or China because of the extensive visa backlogs they face.  

Do NOT Let a Potential Lay Off Jeopardize Your Future in the US

In addition to potential layoffs, the downsides to the H1-B visa include (1) the employment labor is limited in scope, it must continue in order to maintain status in the United States, and (2) the green card delivery could be decades away based on your country of birth. The EB-5 program resolves these challenges because employment is decoupled from immigration shortly because EB-5 does not require an employer sponsor. And with concurrent filing, you can even obtain an Employment Authorization Document or EAD card in just 3-4 months after filing your EB-5 application from within the US. Plus, getting the green card is much faster across the board, making it the best alternative to H-1B. 

By investing in an EB-5 project while in the United States on a dual intent visa like H-1B, investors can ensure to maintain living and working in the US after filing their EB-5 application. Whether it is someone new to the workforce in F1 or OPT status, looking to accelerate their careers by opening their own firms or taking on new positions unavailable to them on H-1B, or seeking to exit the workforce and retire in the United States, the EB-5 filing offers faster benefits compared to other options. Even in unfortunate situations when you are forced to change direction because of job layoffs, EB-5 can provide you an effective strategy to minimize disruption by getting an unrestricted EAD to give you the benefits of the green card while you wait for green card approval through the EB-5 Program. Behring’s innovative thought leadership and flexibility have shaped the market for investors considering their path forward and has made EB-5 success much more attainable. 

EB-5 is a Superior Solution for H1-B Families

EB-5 offers the best pathway for foreign workers in the U.S. currently holding H-1B visas. With an investment of $800,000 into a job-creating project, individuals can secure a green card and permanent residency for the entire family without the need for an employer sponsor. Through a regional center the investor can participate in a passive investment model, which allows regional centers to create jobs both indirectly through project spending and directly through the construction of the projects. Within approximately 4 months, investors can obtain both an Employment Authorization Document (EAD) and advanced parole (AP), granting them the freedom to work anywhere in the U.S. and facilitating hassle-free international travel. Unlike other visa categories, EB-5 boasts no backlogs, with Reserved Visas set-aside in the HUA (High Unemployment Area) category readily available, ensuring a smoother and more predictable immigration process.

Bay Area Multifamily Investment Options with Ongoing Job Creation is the Perfect EB-5 Blend.

Many Regional Center offerings are limited to a low interest debt option in remote or rural locations that carry inherent economic risks. In some cases, those projects are years away from making enough development progress to secure your job creation let alone have sufficient cash flow to timely repay their investors. In other cases, if their capital fundraising targets are not met, their place in the capital stack becomes subordinated, and in the worst case, a failed fundraise in a remote location could both stop progress completely and challenge the full return of your invested capital.

Behring’s investments in the San Francisco Bay Area are adding desperately needed rental supply to a region that is facing its slowest housing permit quarter since 2014 according to Federal Reserve data. The strategy embraced by EB-5 investors here is that we raise capital not before, but after permitting and development. By securing full stack traditional financing first, we are a top choice not only for first-time EB-5 investors, but also those who unfortunately had to file a second time and required the best product available.

The Best Team in EB-5

Behring Regional Center has the only investment offerings that allow for partial capital contributions, unsecured loans, 401k rollovers, multiple investment options, and ongoing job creation in a much-needed multifamily project across a diversified debt fund with a guaranteed repayment. By mastering every touch point in an offering our commitment to excellence is matched by our 100% success rate on approvals and eligible repayments.

When EB-5 was faced with an existential crisis, we sued the Department of Homeland Security and successfully put the program back on track. When the Reform and Integrity Act brought a new era of EB-5 compliance to market, the USCIS interpretation of the law would have effective halted the promotion of economic growth and fundraising activity. With our lawsuit, Regional Center compliance filings and USCIS adjudications are subject to the Behring Settlement, as seen on the Immigrant Investor Program Office website.

Our team has extensive knowledge and success in the EB-5 market, including a former EB-5 adjudicator from USCIS headquarters, and our commitment to excellence is clear; we have a 100% approval history on EB-5 applications and repayments across $1.2 Billion worth of EB-5 funding.

Hear from a Sample of Our Investors

Hear from a sample of our investors who have either been repaid or recently selected Behring’s offerings after completing extensive due diligence.

Behring Brings Innovation to the H-1B Workforce with Unmatched Flexibility and Optionality

Get Started on EB-5 Investments Sooner with Partial Payments

Behring brought the partial payment option to the Regional Center landscape in 2016 and carries a 100% success rate on those approvals because of the forward-thinking approach to the compliance requirements of the program. Our investors leverage this strategy with ultimate confidence to secure a priority date and as mentioned above – for H1-B investors in the US, they get a 5-year Employment Authorization Document for their family, Advance Parole travel documents, and age protection for their unmarried children under 21 years old, all with a partial capital contribution.

Lending Products Provide Investors with Options

Unsecured loans were not always allowable for EB-5 purposes. Now investors are able to use your borrowing power to raise the required amount of capital. For example, we have post-RIA approved investors who have used unsecured loans from family members, and their petitions were approved without a Request for Evidence. Our licensed financing company, the Unity Lender, allows you to access unsecured loan funding as part of your capital contribution. Unsecured lending delivers ultimate confidence for H-1B investors who need to move quickly but do not have the full amount of capital immediately available. 

More Options to Get Started: 401K and IRA Rollovers

Many tech investors in the H-1B leverage a 401k rollover from their previous employer as part of their EB-5 investment. This can be accessed at the time of filing, or in the future, if the you change your employer. By leveraging a retirement fund into a tax-protected custodian account, you can contribute your lawfully sourced income as part of your investment, and that income is returned into the same tax-protected fund. 

Multiple Tiers of Investment Options Allow You to Choose the Best Option for Your Family

Instead of accepting one offering, Behring allows for full-market participation. With our debt funds, the goal is preservation of capital at all costs. These offerings are backed by equity pledges and repayment guarantees, a popular choice for investors focused on repayment from a cash flowing debt fund. Our equity options in the Behring Legacy fund will allow you to invest in our entire platform, enjoying the lowered cost of capital and actually participating in the EB-5 business model financially.  

How to Learn More

Behring’s You Tube Channel, You EB-5 features informational videos, delivering market-leading content about our influence in the program, our future, and many of the in-depth frequently asked questions.  We take the complex and make it digestible.

We have made several videos about H1-B specifically, such as

Our Blog at the website also has a host of relevant material such as;


Schedule a Call

Whether you are an H-1B employee facing a layoff, an F-1 student who wants to skip the H-1B backlog or considering retiring in the US, or an L1 visa holder looking at better long term options, set up a call with our incredible team to learn how to live in the US without any employment requirements or limitations.