For many skilled foreign workers in the United States on an H-1B visa, the dream of obtaining a Green Card can often feel like a distant and uncertain goal. Although it is technically possible to pursue permanent residency while on an H-1B visa, it comes with numerous limitations that can make the journey to a Green Card challenging. From dependency on a specific employer to the unpredictable nature of the H-1B lottery, workers on this visa face significant hurdles when seeking to secure their future in the U.S.
However, there is a more reliable and flexible alternative: the EB-5 Immigrant Investor Program.
As the U.S. immigration landscape continues to evolve, especially with regard to backlogs and visa delays, the EB-5 program is gaining popularity among H-1B visa holders as a preferred route to permanent residency. With new developments in processing times, concurrent filing options, and a growing sense of uncertainty around H-1B outcomes, the EB-5 visa has become an increasingly attractive choice for those seeking permanent residency in 2024, and it will likely remain so in 2025.
The Limitations of the H-1B Visa: Why Many Are Seeking Alternatives
The EB-5 Visa: A Flexible, Dependable Pathway to Green Card Status
The Current State of H-1B and EB-5 Backlogs
How EB5AN Can Help H-1B Visa Holders Obtain an EB-5 Green Card
The Limitations of the H-1B Visa: Why Many Are Seeking Alternatives
The H-1B visa allows foreign workers with specialty occupations to live and work in the U.S. For many skilled professionals in tech, healthcare, engineering, and other fields, an H-1B visa is often the first step toward building a life in the U.S.
There are, however, significant drawbacks to the H-1B program that make it less appealing in the long term.
Employer Dependency
One of the most notable challenges for H-1B workers is the dependency on a specific employer. If a worker is forced to change employers, they must reapply for a new H-1B visa, and this process can be both time consuming and uncertain. Additionally, if a worker loses their job, they only have a limited period during which to find a new employer sponsor—or else they’ll have to leave the country.
Moreover, H-1B visa holders are not allowed to work for themselves, further limiting their career flexibility.
Lottery
Another issue is the annual H-1B lottery. Each year, the United States Citizenship and Immigration Services (USCIS) selects a limited number of H-1B petitions from a pool of applicants. This process is known as the H-1B lottery.
As the demand for these visas exceeds their supply, many highly qualified professionals are left without a visa simply because they were unlucky in the lottery. Even those who are selected often face long delays and unpredictable processing times.
Complex and Uncertain Path
Finally, the path to permanent residency for H-1B visa holders is complex and uncertain.
Beyond the uncertainties of employer sponsorship and the H-1B lottery, after several years on an H-1B visa, workers must apply for a Green Card under a different visa category, which comes with its own complexities and delays.
In 2025, anticipated changes to the H-1B process under the new administration’s immigration policies may further complicate this pathway for skilled workers. Proposed adjustments, such as prioritizing higher wages or more restrictive selection criteria, could make it even harder for highly qualified professionals to secure an H-1B visa, intensifying competition and uncertainty in an already challenging system.
The EB-5 Visa: A Flexible, Dependable Pathway to Green Card Status
For those who qualify, the EB-5 visa offers a much more secure, straightforward route to permanent residency in 2025.
Direct Pathway
In contrast to the H-1B visa, the EB-5 program offers a direct and more predictable pathway to permanent residency.
The EB-5 visa allows foreign nationals to invest in a U.S.-based business and, in return, receive a Green Card for themselves and their immediate family members (spouse and unmarried children under 21).
While there are important standards and rules around an EB-5 investment—such as the minimum investment amount ($800,000 if investing in a project in a targeted employment area), source-of-funds documentation, and the “at-risk” requirement—this route bypasses the need for employer sponsorship and the limitations of the H-1B visa, making it a much simpler process.
Flexibility
One of the most significant advantages of the EB-5 visa is the flexibility it offers. Unlike the H-1B, which ties workers to specific employers, the EB-5 program allows investors to have greater autonomy in terms of employment.
Once an individual receives a Green Card through the EB-5 program, they are free to work in any job, start their own business, or even choose not to work at all. Through the concurrent filing process, eligible applicants can also obtain a work permit while waiting for their Green Card and benefit from these advantages right away.
Because of this flexibility, EB-5 Green Card holders are also free to live wherever they want—without having to worry about a sponsoring employer being located nearby—as well as to travel.
Improvements in Recent Years
The EB-5 program has undergone various improvements in recent years, making it an even more attractive option for H-1B workers seeking stability and independence.
Notably, processing times have shortened. And with the introduction of concurrent filing for certain applicants, investors can now apply for adjustment of status while their EB-5 petition is still being processed, further accelerating the overall timeline.
Furthermore, the EB-5 Reform and Integrity Act of 2022 established set-aside visas for targeted employment areas (TEAs). This visa allocation means that investors in TEA projects gain access to visas that aren’t subject to the same level of demand as regular EB-5 visas, allowing them to bypass potentially lengthy backlogs—a critical aspect of the visa process we address in the next section.
The Current State of H-1B and EB-5 Backlogs
One of the most pressing issues for H-1B visa holders, particularly those from countries like India and China, is the backlog in employment-based Green Card categories. This long wait is primarily due to per-country caps on the number of Green Cards issued each year, which result in a bottleneck for workers from countries with high demand for U.S. residency. In 2025, it is expected that these backlogs will continue to grow.
As mentioned above, however, the EB-5 program offers a potential solution for those seeking to avoid these backlogs. While the EB-5 visa also has country-specific quotas, it is not subject to the same backlogs as the employment-based Green Card categories—and the inclusion of the TEA categories means that investors who may otherwise face years-long backlogs can still obtain an EB-5 visa.
That said, there is an important consideration for potential investors: the growing demand for EB-5 visas, particularly in the urban TEA category. As more individuals seek to secure their Green Cards through the EB-5 program, the availability of TEA-designated projects may decrease, resulting in potential backlogs for Indian and Chinese nationals in particular.
Therefore, H-1B workers who are interested in this route should act sooner rather than later to ensure a smoother transition and get ahead of these potential backlogs.
How EB5AN Can Help H-1B Visa Holders Obtain an EB-5 Green Card
For H-1B workers in 2024, and especially going into 2025, the EB-5 visa offers the flexibility to pursue a Green Card without the restrictions of employer sponsorship or the looming uncertainty of the H-1B lottery.
Moreover, as the U.S. economy continues to evolve, the EB-5 visa has become more accessible and attractive. The ability to file concurrently for a Green Card, the improvement in processing times, and the flexibility of the EB-5 program make it an ideal option for skilled workers seeking greater control over their future—as well as the future of their family.
For those from countries like India, where the wait times for an employment-based Green Card can extend for well over a decade, the EB-5 visa offers a way to bypass these long delays. However, with the increasing popularity of the program, it’s essential for potential investors to act quickly to secure their spot in the queue before backlogs emerge, particularly in the urban TEA category.
EB5AN can help get you started on this process.
EB5AN has helped more than 2,300 families from over 70 countries relocate to the United States as lawful permanent residents. Our expert team has more than a decade of experience and offers our 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 your EB-5 investment options, book a free call with our expert team today.
