On Saturday, May 16, 2026, EB5 Investor Magazine gathered EB-5 industry leaders in Cupertino, California, in the shadow of Apple Park, to provide the Silicon Valley tech community with an overview of the EB-5 program and an assessment of the current market.
The event provided Silicon Valley professionals, seeking to learn more about the program, with the opportunity to engage with leading EB-5 experts.
Importantly, the event also afforded EB-5 regional centers the chance to hear directly from potential Silicon Valley investors about their goals and concerns about the immigration system.
Themes from the EB-5 event included:
- H-1B anxiety is increasing EB-5 demand in Silicon Valley;
- EB-5 is viewed as a more viable long-term immigration strategy;
- Potential increases to the minimum investment amount is front of mind for EB-5 investors; and
- Visa availability windows may narrow after 2026, increasing urgency among prospective applicants.
H-1B Holders in Tech Face Limited Career and Immigration Options
Several investors raised concerns about the economic headwinds pressuring the tech industry, including the impact of AI and recent large-scale layoffs.
For H-1B holders dependent on their employers for their immigration status, the pressure has intensified.
Those seeking to get ahead of downsizing or looking to diversify their career options face significant limitations due to H-1B restrictions, leaving many essentially stuck in their current roles.
While many were in the early stages of exploring the EB-5 program, they understood that it provides a time-tested option without having to be reliant on an employer.
Family Considerations
Several nonimmigrant visa holders in Silicon Valley have now spent years living and working in the United States and, in many cases, have growing families, including children born here who are U.S. citizens.
However, despite their long-term contributions and deep ties to the country, the end of the journey to permanent residence in the United States remains decades away.
The EB-1 and EB-2 categories for Indian nationals require years long wait periods if your employer is even willing to begin the sponsorship process.
For Qualifying Investors – EB-5 Offers Hope
Unlike most other employment-based U.S. visa programs, the EB-5 Immigrant Investor Program does not require employer sponsorship.
Under the EB-5 Reform and Integrity Act of 2022 (RIA), investors in the United States who concurrently file their investor petition (Form I-526E) and the adjustment of status application (Form I-485) can qualify for temporary work authorization and advance parole travel authorization while their applications remain pending.
For many H-1B holders and other nonimmigrant visa holders, this can provide greater flexibility and stability instead of uncertainty, including the opportunities to move freely among tech employers or start their own businesses.
Future Increase to the Minimum Investment Amount Weighs on Investors’ Minds
While the looming grandfathering deadline and the possible 2027 sunset of the EB-5 program have added urgency to investment decision-making, prospective investors are also focused on the inflation-based increases to the minimum investment amounts, required under the EB-5 Reform and Integrity Act of 2002. RIA § 102(a)(3)(B)(iii)(I), codified at INA § 203(b)(5)(C)(iii)(I).
In fact, a reasonable estimate is that the minimum investment amount could increase to over $900,000 in January or early 2027.
This added uncertainty has heightened the urgency of investment decision-making, as many investors weigh the benefits of securing eligibility at the $800,000 minimum investment level.
Unreserved Visa Categories for China and India May Remain Current for the Duration of 2026 but are Likely to be Backlogged in 2027
Charlie Oppenheim, former Chief of the Visa Control and Reporting Division at the U.S. Department of State, provided an overview of current EB-5 visa availability trends and projected demand levels.
According to Oppenheim, the unreserved EB-5 visa categories for investors born in China and India may remain current throughout 2026, offering a potentially important window of opportunity for eligible investors considering the program. Visa backlogs and cutoff dates in the Visa Bulletin for the rural reserved visa category for China and likely India are expected in 2027.
The First Step is Finding the Right Counsel
A major benefit of the Silicon Valley event for investors was access to leading EB-5 attorneys.
With the looming grandfathering deadline and resulting increase in demand for EB-5 legal services, multiple attorneys emphasized the importance of engaging experienced counsel as early as possible.
Early preparation can help investors carefully evaluate their circumstances and put together an application that has a higher likelihood of success.
With EB-5, You Can Engineer Your Own American Dream
Just as Silicon Valley is the engine that drives US innovation and economic growth, immigration fuels the companies that drive massive, transformative economic impact.
The Silicon Valley ecosystem as we know it today would not exist without the contributions of immigrants, who have founded some of the Valley’s and indeed the world’s great companies and remain fundamental to the region.
However, despite their education, experience, and economic contributions, many highly skilled technology professionals face limited options to continue building their careers and lives in the United States.
For qualifying investors, the EB-5 program offers an opportunity to take greater control of their future — providing a potential pathway to permanent residency that is not dependent on employer sponsorship.
Through EB-5, qualifying investors can engineer their own American Dream.
Gary N. Merson – President
Gary N. Merson is the President of ALC, bringing more than 25 years of experience in U.S. immigration law, policy, and compliance. He most recently served as Chief of Staff at the Office of the Citizenship and Immigration Services Ombudsman within the U.S. Department of Homeland Security and previously contributed to bipartisan EB-5 reform efforts as Chief Counsel for the House Judiciary Committee’s immigration subcommittee. His leadership reflects deep expertise in EB-5 policy and stakeholder engagement.
Christopher Mason – Chief Communications Officer
Christopher A. Mason is the Chief Communications Officer at ALC, with more than a decade of experience across the public and private sectors. He previously served in senior roles at U.S. Citizenship and Immigration Services (USCIS), including as Chief Economist for the Immigrant Investor Program Office (EB-5), where he oversaw the review of billions of dollars in foreign investment projects and supported regulatory and program integrity initiatives. His background strengthens ALC’s global engagement and leadership in EB-5 communications.
Gino Zhao – VP, Investor Relations
Gino Zhao is a leading expert in EB-5 investor relations, with over a decade of experience at American Lending Center (ALC). Throughout his tenure, he has maintained a flawless track record—ensuring that every EB-5 investor successfully obtains their visa status without a single dollar of investment capital lost.
