H-1B Anxiety is Rising: More H-1B Holders Are Securing U.S. Permanent Residency With the EB-5 Program

MIAMI, FL / ACCESS Newswire / November 28, 2025 / USCIS selected only 120,141 H-1B registrations in FY 2026, the lowest since 2021. As uncertainty grows around employer-sponsored pathways, the EB-5 Program is becoming a more practical and reliable choice for H-1B families than ever before.

Recent data indicates a significant rise in uncertainty among H-1B professionals. In FY 2026, USCIS selected 120,141 H-1B registrations, the lowest since 2021, driven by stricter scrutiny, enhanced fraud-prevention rules and a registration fee increase from $10 to $215.

Total registrations fell to about 358,000, a 26.9% decline from FY 2025 and more than 54% down from FY 2024. Combined with tightening enforcement and a weakened job market, these shifts have created a more complex environment for high-skilled foreign workers, particularly Indian nationals, who also face decades-long Green Card backlogs.

Several developments are driving this rise in uncertainty, the most significant of which are outlined below:

1. Big Tech Layoffs and a Saturated Job Market

• In late October 2025, Amazon initiated layoffs affecting around 14,000 corporate employees, with some reports suggesting the total could reach up to 30,000 depending on restructuring plans.

• Meta continued multi-year workforce reductions throughout 2025, including a round in October 2025 that cut 600 employees from its Super intelligence Labs division.

• Because H-1B workers must secure a new employer within a strict 60-day window, they face heightened vulnerability during layoffs, particularly when job markets in major tech hubs become saturated.

2. The 60-Day Grace Period Becoming More Unpredictable

• According to a poll of 1,584 verified professionals conducted on the workplace app Blind, 1 in 6 Indian H-1B professionals, or someone they personally know, received a Notice to Appear (NTA) for deportation within the 60-day period, sometimes in as little as two weeks, effectively categorizing them as "out of status" prematurely.

• 35% of respondents reported that they or someone they knew had been compelled to leave the U.S. after job loss, often before the 60-day period was complete.

3. Cumbersome Process Changes

• Beginning September 2, 2025, most non-immigrant visa renewals, including H-1B, will require mandatory in-person interviews, ending the streamlined Dropbox system. This increases timelines, costs and travel requirements.

• USCIS has implemented beneficiary-centric registration and additional anti-fraud safeguards, contributing to lower filing volumes and increased scrutiny during adjudication.

4. The $100,000 H-1B Fee Creating Added Strain

• On September 19, 2025, the U.S. administration proposed a $100,000 employer-paid fee for new H-1B petitions.

• The jump from the earlier $2,000 to $5,000 range raised immediate concern among employers and visa holders.

• Since petitions would be denied without proof of payment, many fear reduced sponsorships, fewer transfers, and restricted overseas travel.

• For Indian H-1B professionals, the proposal adds another significant pressure point amid already tightening immigration timelines.

These developments have created the highest levels of uncertainty H-1B professionals have faced in more than a decade. They also highlight the structural limitations of the H-1B system, where immigration status remains tied to a single employer, reducing autonomy and complicating long-term planning for professionals and their families.

Why More H-1B Professionals Are Turning to EB-5

With employer-sponsored pathways becoming less predictable, many H-1B families are reassessing long-term strategies. The EB-5 Program is emerging as a practical alternative for several reasons:

1. Independence from Employer Sponsorship

H-1B status is dependent on maintaining employment with a specific sponsoring company. Job loss, restructures, promotions, or role changes may trigger new filings or threaten lawful status. In contrast, the EB-5 Program offers a path to Permanent U.S. Residency that is not tied to an employer, enabling greater security and long-term planning.

2. Security During Layoffs and Market Volatility

As outlined earlier, the 60-day grace period is both short and increasingly inconsistent, with some NTAs issued even before the full period lapses. This makes job loss one of the most significant points of vulnerability for H-1B professionals, who must secure a new sponsoring employer under tight and sometimes unpredictable timelines.

The EB-5 Program offers a solution to this structural risk as it allows U.S.-based Indian investors to concurrently file Form I-526E and Form I-485, enabling them to stay in the U.S. lawfully throughout processing. They typically receive the Employment Authorization (EAD) and Advance Parole (AP) within 2-6 months of filing, ensuring job continuity* and freedom to travel outside the U.S. without issue upon re-entry.

*H-1B professionals pursuing EB-5 may continue working under their existing status until their Adjustment of Status is approved.

3. Priority Processing

Since the RIA of '22, Rural EB-5 Projects have benefited from Priority Processing in Rural TEA Projects, which has significantly reduced pre-RIA adjudication times of 2-4 years. EB5 United's recent I-526E approvals have been averaging ~5 months, with some taking less than 3 months. In comparison, approvals for Urban Projects are still taking more than 2 years on average.

4. Freedom to Advance or Pivot Careers

Many H-1B professionals decline promotions or career changes that might affect their visa status. EB-5 investors, however, can pursue any role, sector, or business venture without restriction, reclaiming full control over career decisions.

5. Family Stability and Work Rights

An EB-5 investment grants Green Cards not only to the investor but also to their spouse and children under 21, enabling the entire family to live, study, and work in the U.S. without the stress of temporary visa renewals or legal uncertainty.

6. Reserved Visas

The EB-5 Reform and Integrity Act of 2022 introduced visa set-asides and Priority Processing for Rural TEA Projects. Thus, Rural EB-5 investors receive 20% of annual EB-5 visa allocations, helping Indian investors bypass future backlogs and achieve faster approvals.

7. Protection against Aging Out

Aging out occurs when a child turns 21 and is no longer considered a dependent under U.S. immigration law. For H-1B families, this is a significant concern; once a child ages out, they lose eligibility as a dependent and may need to file a separate petition, face extended wait times for Green Card approval, or potentially become ineligible for a Green Card altogether.

The EB-5 Program helps mitigate this risk through its Child Status Protection Act (CSPA) protections. Under CSPA, a child's age is frozen on the date Form I-526E is filed. For U.S.-based Indian investors who file Form I-526E and Form I-485 concurrently before the child turns 21, the child's age is effectively locked in permanently, helping prevent aging out during processing.

Conclusion

The combined data from USCIS, tech workforce trends, and recent policy changes make it clear that the H-1B pathway has become increasingly unpredictable for professionals and their families. In contrast, the EB-5 Program has demonstrated year-on-year improvement in adjudication timelines, especially for Rural Projects in the post-RIA era. As of November 2025, we surpassed 700 I-526E approvals, underscoring our leadership in Rural EB-5 Projects and the success of USCIS Priority Processing under the EB-5 Reform and Integrity Act (RIA) of 2022. The tables below highlight how 2025 filings achieved noticeably faster processing times compared with petitions submitted between 2022 and 2025.

In addition, we are equally pleased to share the full $88MM EB-5 loan repayment for the Nine Orchard Hotel Project in New York, a major success for our investors and a strong validation of our proven 1st Position Loan Strategy.

I-526E Approval Summary for Petitions FILED in 2025

I-526E Approval Summary Across EB5 United's Rural EB-5 Projects (2022-2025)

Disclaimer: Individual processing timelines may vary. Immigration benefits are not guaranteed and are subject to USCIS approval. This is not an offer to sell or a solicitation to buy any security.

SOURCE: EB5United

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