On February 5, 2025, the United States Citizenship and Immigration Services (USCIS) announced that the initial registration period for the fiscal year 2026 H-1B cap will open at noon Eastern on March 7, 2025, and run through noon Eastern on March 24, 2025. This announcement has important implications for foreign nationals who are interested in working in the United States under the H-1B visa. During this period, prospective petitioners, as well as their representatives, must use a USCIS online account to register each beneficiary electronically for the selection process and pay the associated registration fee for each beneficiary.
While this process has become routine for many employers and foreign professionals, there are several potential challenges and uncertainties involved in securing an H-1B visa. Fortunately, there is an alternative pathway to U.S. residency that provides a more secure and predictable process: the EB-5 visa.
In this article, we will compare the H-1B visa with the EB-5 visa, highlighting the uncertainties of the H-1B program and explaining why the EB-5 visa can be a better option for skilled professionals seeking long-term residency in the U.S.
The H-1B Visa: A Competitive and Uncertain Process
The EB-5 Visa: A Secure and Predictable Pathway to U.S. Residency
Overcoming the H-1B Uncertainty With the EB-5 Visa
The H-1B Visa: A Competitive and Uncertain Process
The H-1B visa program is designed for skilled foreign workers in specialty occupations that require a higher education degree or equivalent experience. Every year, there is a cap on the number of new H-1B visas issued, and the process of obtaining one can be highly competitive.
USCIS will soon open the registration period for the H-1B visas in FY 2026, which is typically limited to 85,000 visas, including 65,000 for individuals with a bachelor’s degree or higher, and an additional 20,000 for those holding a master’s degree or higher from a U.S. institution. This means that there are far more applicants than there are available visas, resulting in a lottery system to determine who can apply for the visa. This lottery system introduces a significant level of uncertainty for both employers and foreign workers, as even if an individual meets all of the qualifications for the visa, there is no guarantee they will be selected to proceed with the application process.
Moreover, the H-1B visa is employer-sponsored, which means that the applicant’s ability to stay in the U.S. depends on their continued employment with a sponsoring employer. If an individual loses their job or wishes to change employers, they may face challenges in securing a new H-1B visa or may be forced to leave the country altogether, unless they have secured a new employer willing to sponsor them.
Additionally, the H-1B visa has strict qualifications, which must be met each year. Changes in the political environment, such as shifts in administration or changes in immigration policies, can make the H-1B process even more unpredictable.
The EB-5 Visa: A Secure and Predictable Pathway to U.S. Residency
In contrast to the uncertainty and competitiveness of the H-1B visa process, the EB-5 visa provides foreign nationals with a more secure and predictable pathway to U.S. residency. The EB-5 Immigrant Investor Program is designed for individuals who are willing to invest in a U.S. new commercial enterprise and create jobs for U.S. workers. Unlike the H-1B visa, which focuses on an individual’s qualifications and employer sponsorship, the EB-5 visa focuses on the applicant’s investment and the resulting job creation.
To qualify for the EB-5 visa, an investor must make a minimum investment of $800,000 in a targeted employment area (TEA). In exchange for this investment, the EB-5 investor and their immediate family members (spouse and children under 21) are eligible to apply for a Green Card.
This means that the EB-5 visa provides a more straightforward and predictable path to permanent U.S. residency, regardless of employment status or the political environment. Below, we will explore some of the main reasons why the EB-5 visa is a more secure option.
Direct Path to Green Card
One of the primary advantages of the EB-5 visa over the H-1B visa is that the EB-5 visa directly leads to a Green Card, whereas the H-1B visa does not provide permanent residency. Although the H-1B visa can be used as a step toward permanent residency, it is not a direct path, and many applicants face significant roadblocks on their employment-based Green Card application journey.
Greater Flexibility
Furthermore, the EB-5 visa offers greater flexibility than the H-1B. The investor is not tied to an employer or dependent on a job offer. This allows the investor to have more control over their career and life in the U.S. Unlike the H-1B visa, which requires an employer to sponsor the individual, the EB-5 visa is based on the individual’s capital investment. This means that the applicant does not face the same risks of losing their status due to job loss or changes in employment.
No Lottery
Additionally, the EB-5 visa is not subject to an annual lottery. Once an applicant makes the required investment and meets the qualifications, they can proceed with the application for a Green Card without worrying about whether they will be selected through a random lottery, as is the case with the H-1B visa. This provides a sense of security and predictability that many high-skilled professionals find appealing.
Overcoming the H-1B Uncertainty With the EB-5 Visa
For highly skilled professionals who are looking for a stable and long-term solution for U.S. residency, the EB-5 visa presents a compelling alternative to the H-1B visa. While the H-1B visa has become increasingly competitive, uncertain, and subject to changing policies, the EB-5 visa offers a more straightforward and reliable pathway to U.S. residency, with no lottery, no employer sponsorship required, and a direct route to a Green Card.
In conclusion, while the H-1B registration process for FY 2026 has been announced, professionals seeking long-term stability in the U.S. may want to consider the EB-5 visa as a more secure alternative. While doing that, it is crucial to consult with industry experts and work with experienced professionals.
EB5AN has helped more than 2,300 families from 70+ countries become lawful permanent residents of the United States. Our team has more than a decade of experience and offers clients first-rate, low-risk EB-5 regional center projects with a 100% USCIS project approval rate.
If you would like to know more about how you can obtain an EB-5 Green Card, book a free call with our expert team today.
