H-1B to EB-5: Why Many Indian Professionals Are Shifting Strategies Under Changing U.S. Immigration Policy

For years, the H-1B visa has been the go-to pathway for highly skilled Indian professionals looking to build careers and lives in the United States. But as U.S. immigration policies evolve and the competition for limited H-1B slots intensifies, many are exploring a different route – one that offers greater certainty, faster results, and a direct path to permanent residency. That alternative is the EB-5 Immigrant Investor Visa. For Indian professionals seeking to transition from temporary work status to permanent residency, the EB-5 program offers a practical, investment-based solution. Trusted immigration advisors such as https://www.eb5brics.com/india/president-trump-cant-trump-indian-aspirations help H-1B holders evaluate eligibility, structure compliant investments, and navigate the EB-5 process with confidence.
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According to EB5 BRICS, a leading EB-5 consultancy assisting global investors, there’s been a clear shift among Indian H-1B holders and applicants toward EB-5 in the last two years. The reasons behind this movement are both practical and strategic.

The Ongoing H-1B Lottery Challenge

The H-1B visa, while still highly sought after, has become increasingly unpredictable. Each year, the U.S. Citizenship and Immigration Services (USCIS) caps H-1B visas at 85,000 – including 20,000 reserved for advanced degree holders. Demand consistently exceeds supply by several hundred thousand applicants.

In 2024, USCIS reported over 700,000 registrations for just 85,000 available spots – leaving thousands of qualified professionals without a viable option to work in the U.S. Even those who succeed in the lottery face ongoing uncertainty, from job dependency and visa renewals to strict portability rules and long waits for green cards.

For Indian nationals, the situation is even more complex due to per-country caps on employment-based green cards, which have created backlogs stretching over a decade in some cases.

For more information on the H-1B visa visit the following page: https://www.dol.gov/agencies/whd/immigration/h1b

How EB-5 Offers a Clearer Path

The EB-5 Immigrant Investor Program, by contrast, allows qualified foreign nationals to obtain U.S. permanent residency through investment. By investing a minimum of $800,000 in a government-approved Regional Center project located in a Targeted Employment Area (TEA) – or $1,050,000 in a standard project – investors and their immediate families can secure green cards within a few years.

Unlike the H-1B visa, the EB-5 program does not rely on employer sponsorship, job lotteries, or annual registration windows. It provides autonomy and security: investors can live and work anywhere in the U.S., start their own businesses, or continue their careers without immigration restrictions.

With the passage of the EB-5 Reform and Integrity Act of 2022, the program has gained renewed transparency and trust. The Act introduced “visa set-asides” for rural, high-unemployment, and infrastructure projects, allowing investors from high-demand countries such as India to benefit from faster visa processing in specific categories.

Policy Shifts Driving the Change

Recent policy trends have accelerated the shift from H-1B to EB-5. The Biden administration’s focus on strengthening domestic employment protections and tightening H-1B compliance audits has made employers more cautious about sponsoring new petitions. Simultaneously, Department of Labor processing times for permanent labor certifications (PERM) – a required step for H-1B holders transitioning to green cards – have significantly increased.

At the same time, the EB-5 program has benefited from favorable updates. USCIS now allows concurrent filing for EB-5 investors already in the U.S. on valid nonimmigrant visas such as H-1B, L-1, or F-1. This means applicants can file for adjustment of status (Form I-485) along with their I-526E petition, enabling them to live and work in the U.S. while their EB-5 case is pending – often within months rather than years.

This flexibility has been a game-changer for many Indian professionals who wish to remain in the U.S. without relying on employers or facing the risk of losing status due to job changes.

Comparing H-1B and EB-5 Pathways

While the H-1B is employer-driven and job-specific, the EB-5 is investor-driven and family-inclusive. H-1B holders must continuously maintain employment to remain in lawful status, whereas EB-5 investors enjoy more independence once their application is filed. Moreover, the EB-5 visa leads directly to a green card, while H-1B holders must navigate years of employment-based visa backlogs before reaching the same point.

For many families, EB-5 also offers long-term stability. Children under 21 can obtain derivative green cards and avoid “aging out” of eligibility – a common problem faced by H-1B families due to extended wait times in the EB-2 and EB-3 categories.

The Indian Perspective

Indian investors currently make up one of the fastest-growing groups in the EB-5 market. Historically, India faced significant visa retrogression due to high demand, but the introduction of reserved visa categories under the 2022 legislation has changed that dynamic. Rural projects, in particular, have seen faster processing times, with many Indian investors receiving conditional green cards within two to three years.

Given that many H-1B professionals already live and work in the U.S., they can transition into EB-5 with relative ease through concurrent filing. This allows them to remain employed, travel freely, and maintain lawful presence while their EB-5 case is processed – a level of flexibility that simply does not exist in the traditional H-1B framework.

Why Now Is a Strategic Time to Act

Experts at EB5 BRICS emphasize that the next 12–18 months could be especially favorable for Indian investors considering EB-5. Current demand is surging, but visa availability in reserved categories remains open, meaning early filers could avoid future backlogs.

Additionally, the upcoming U.S. election cycle could bring policy changes impacting employment-based immigration, increasing the uncertainty surrounding H-1B renewals and green card processing. The EB-5 visa, being a direct investment-based route, is less affected by such shifts and continues to operate under clear statutory guidelines.

The Bottom Line

For Indian professionals who have built their careers in the U.S. under the H-1B visa but feel limited by its unpredictability, the EB-5 route presents an empowering alternative. It transforms the immigration process from employer-dependent to self-directed – offering the freedom to choose where to live, how to work, and when to invest in their family’s future.

As Vivek Tandon, Founder of EB5 BRICS, often explains, “The EB-5 program provides control and clarity at a time when many professionals feel constrained by the uncertainty of employment-based immigration. It’s not just an investment in business – it’s an investment in stability and opportunity.”

For those evaluating their options in 2025 and beyond, the message is clear: as the H-1B path grows increasingly restrictive, the EB-5 visa continues to open doors.