For many H-1B professionals, the immigration path that once felt secure has become increasingly uncertain. Lottery odds have tightened, new administrative fees and policy changes have added complexity, and employer dependency means that a single layoff or job change can upend years of planning. For physicians, the challenges run deeper still: J-1 training requirements, competitive waiver markets, and licensing timelines that rarely align with immigration milestones create compounding risks that the H-1B alone cannot resolve.
In a recent webinar hosted by CanAm Enterprises, Peter Calabrese (CEO, CanAm Investor Services), Nicolai Hinrichsen (Managing Partner, Miller Mayer EB-5 Practice), and Kristal Ozmun (Managing Partner, Miller Mayer General Immigration Practice) examined how EB-5 and concurrent filing under the Reform and Integrity Act (RIA) are giving H-1B holders an independent, employer-agnostic path to permanent residency. What follows is a summary of the key themes.
The Structural Limits of H-1B Status
H-1B classification is employer, occupation, worksite, and wage specific. Every change to any of those variables requires analysis and potentially a new petition. The six-year cap is finite, and extensions beyond year six require initiating a green card process well before that clock runs out.
The lottery compounds the uncertainty. In 2025, more than 470,000 registrations competed for 85,000 available slots. A new weighted wage rule now favors higher-paid applicants, reducing odds further for those at entry or mid-level wages. The presidential proclamation “Restriction on Entry of Certain Nonimmigrant Workers,” signed September 19, 2025, introduced a $100,000 fee for petitions filed on behalf of beneficiaries outside the United States. And H-4 spousal work authorization only becomes available after an approved I-140, a step that requires a minimum of two years and is not guaranteed if an employer declines to sponsor.
What EB-5 and Concurrent Filing Actually Provide
The RIA introduced concurrent filing for the first time in the EB-5 program’s history. H-1B holders who are in lawful non-immigrant status and investing in a project with a currently available visa can now file an I-526E (the EB-5 investment petition) and an I-485 (adjustment of status) simultaneously. Alongside those, applicants can file for an Employment Authorization Document (EAD) and advance parole, providing independent work and travel authorization that does not depend on employer sponsorship.
In practical terms: if an H-1B holder with a pending I-485 is laid off, they are not required to leave the country or immediately find a new employer. The EAD provides independent work authorization; advance parole provides the right to travel without consular processing. Importantly, H-1B holders can continue to maintain and extend their underlying H-1B status even while using advance parole as a travel document, preserving the hedge in both directions. As one speaker put it, “you can’t overstate” the psychological value of having that fallback in place.
EB-5 also does not foreclose other green card pathways. Pursuing EB-5 simultaneously with an employer-sponsored PERM or an I-140 is entirely permissible. Only one green card is ever issued, but investors can hold as many bases of eligibility as they qualify for, giving them maximum flexibility regardless of how their employment situation evolves.
A Note on Physicians Specifically
Most physicians complete their training in J-1 status, which carries a two-year home residence requirement. Waiver jobs are competitive and time-consuming to secure. For those who pursue residency in H-1B status, there is a real risk of exhausting the six-year cap before training is complete. Beginning the EB-5 process early in a residency program can enable a physician to reach permanent residency before that residency ends, removing dependence on employer sponsorship and enabling spousal work authorization years earlier than the H-4 pathway allows.
The September 30, 2026 Deadline
Grandfathering provisions passed under the RIA expire on September 30, 2026. These provisions protect investors whose petitions are filed before the deadline from any future program lapse, making them a meaningful safeguard for anyone entering the EB-5 process now. Beyond that, an inflation-adjusted price increase is expected in January 2027, likely adding $130,000 to $140,000 to the current $800,000 investment amount for targeted employment area projects.
Four months is enough time to complete the process: consult an immigration attorney, document a lawful source of funds, select a project, and file before the deadline. Three months is workable. Two months is tight. One month is very difficult. The consistent advice from practitioners in this space: begin sourcing funds and engaging an attorney now, in parallel, rather than sequentially.
Ready to Explore EB-5?
CanAm Enterprises has raised $4B+ in EB-5 capital, facilitated 9,300+ permanent green cards, and maintained a 100% USCIS project approval rate across 75+ projects spanning more than 30 years. Contact our team to learn more about current projects and whether EB-5 fits your immigration strategy.
Contact us at info@canamenterprises.com or +1 (212) 668-0690.
About the Speakers
Peter Calabrese, CEO, CanAm Investor Services
Peter Calabrese is CEO of CanAm Investor Services, the FINRA-registered broker-dealer affiliate of CanAm Enterprises. He works closely with prospective investors navigating the EB-5 process and advises on project selection and investment structuring.
Nicolai Hinrichsen, Managing Partner, Miller Mayer EB-5 Practice
Nicolai Hinrichsen is Managing Partner of Miller Mayer’s EB-5 practice, one of the largest EB-5 law firms by volume. Miller Mayer has been active in the EB-5 program since its inception in 1993.
Kristal Ozmun, Managing Partner, Miller Mayer General Immigration Practice
Kristal Ozmun is Managing Partner of Miller Mayer’s General Immigration Practice Group. She advises clients across H-1B, J-1, adjustment of status, and EB-5 matters, with a particular focus on physicians and other professionals navigating complex immigration pathways.
