Matthew Kolodziej and Jason Jia in EB5Investors: EB-5 as a backup as DOL and DHS tighten the high-skilled visa pipeline
On October 30, 2026, EB5Investors.com published As DOL and DHS tighten the high-skilled visa pipeline, EB-5 offers another path, which looks at whether recent Department of Labor and Department of Homeland Security actions could push employer-sponsored applicants toward the EB-5 Immigrant Investor Program. The article quotes two Jia Law Group attorneys: Matthew Kolodziej, Senior Partner and Head of Business Immigration, and Jason Jia, Founder and Managing Partner.
Why employer-sponsored applicants may look at EB-5
Matthew Kolodziej pointed to two developments:
The discontinuation of deference to prior USCIS approvals and the potentially more complex and challenging PERM procedures may encourage employment-based visa and green card applicants to consider EB-5 as a potential backup plan.
Matthew also noted that in both cases the administration cannot change the law on its own; it can change only how the law is implemented and interpreted.
Why demand may not follow
Jason Jia was more cautious about how far these changes will translate into real EB-5 demand:
$800,000 remains a substantial financial barrier for many families, not to mention investment risks, processing uncertainties, and potential visa backlogs. The anticipated increase in minimum investment amounts starting in January 2027 could further soften demand, as the market may need time to adjust to the higher financial threshold.
Families who already have the resources may move faster to file before the increase, Jason said, but that does not mean a large rise in actual EB-5 filings. For many others, the policy changes may narrow their options for staying in the U.S. rather than open a realistic alternative.
Where things stand
USCIS deference to prior approvals. DHS published the proposed rule on October 14, 2026. Public comments are open through November 13, 2026. Nothing changes until a final rule is issued; if finalized, it would apply to Form I-129 petitions, including H-1B and L-1 extensions.
PERM modernization. DOL's proposed rule cleared White House review on October 23, 2026 but has not been published, so its specific requirements are not yet known. Current PERM procedures still apply.
PERM suspensions for eight employers. DOL's October 8, 2026 suspension is part of an investigation into specific employers. It is not a general freeze, and none of the eight has been found liable.
EB-5 minimum investment. The amounts are expected to increase starting in January 2027. Anyone weighing EB-5 should get the source-of-funds documentation and timing reviewed before then.
Whether EB-5 fits depends on your finances, your current status and your timeline. For the basics, see how the EB-5 program works, EB-5 source-of-funds requirements and PERM and employer-sponsored green cards. For India-born applicants, see our earlier analysis: Indian H-1B and F-1 holders: could EB-5 offer a faster green card path?
To talk through your options, contact our Investment Immigration team, or reach Matthew Kolodziej or Jason Jia directly.
Read the full article on EB5Investors.com.
