If I am lawfully in the U.S. in an employment-based visa category such as the H-1B visa, may I apply for an EB-5 visa?

Yes. Employment-based visa beneficiaries are not prohibited from participating in the EB-5 program. In fact, employment-based visa holders will benefit from certain advantages such as the eligibility to file for Adjustment of Status in the U.S. and may obtain an employment authorization document and a travel document known as Advance Parole while the application is pending. Employment-based visa beneficiaries interested in the EB-5 program should discuss this issue with their legal counsel.