H‑1B Anxiety Is Driving a Wave of Engineers Into EB‑5 – What This Means for the Program

From Lottery Uncertainty to Investment Confidence

In recent months I’ve spoken with numerous engineers on H‑1B visas who are increasingly uneasy about their future in the United States. The H‑1B program relies on an annual lottery and strict employer sponsorship, leaving many highly skilled workers in limbo for years. Changes in corporate hiring, layoffs and shifting immigration policies can abruptly end their stay. For those who have built careers and families here, the risk of losing status is deeply unsettling.

The EB‑5 immigrant investor program offers an alternative: by investing a set amount in a qualified project and creating jobs, applicants can obtain conditional residency for themselves and their immediate family. Unlike the H‑1B, EB‑5 doesn’t depend on an employer and doesn’t require a lottery. This stability is attracting a growing number of professionals who want to take control of their immigration journey.

Why the Shift Is Happening Now

• Lottery fatigue: After years of consecutive H‑1B lotteries with low selection rates, many applicants are tired of gambling their future on chance.
• Long green‑card queues: Employment‑based green‑card categories have decades‑long waits for individuals born in countries with high demand, especially India. EB‑5 offers a separate visa stream that can bypass those delays.
• Priority processing and set‑asides: Recent reforms introduced priority processing for rural and high‑unemployment projects. One major regional platform recently surpassed 700 approved I‑526E petitions, mostly for rural projects, highlighting how fast these cases can move.
• Fee stability and potential reductions: Court rulings have rolled back steep fee increases, and proposals to cut EB‑5 filing fees make the program more financially attractive.
• Global economic shifts: High‑earning professionals from emerging markets have greater access to capital and are more willing to invest for long‑term security.

Which Markets Are Driving the Surge?

Although demand is growing globally, certain countries stand out. Engineers from India are leading the charge; their country’s lengthy employment‑visa backlog and recent tech layoffs have amplified H‑1B anxiety. Investors from Iran and Pakistan are also exploring EB‑5 as geopolitical uncertainties and economic sanctions make other routes less appealing. Each of these markets has a growing population of professionals with the means to meet the EB‑5 investment threshold and a strong desire for immigration stability.

These investors often gravitate toward rural projects because of the set‑aside categories that ensure priority processing and avoid retrogression. With the success of priority processing — evidenced by hundreds of recent approvals — more applicants from these countries are likely to follow suit.

Implications for Queues and Demand in 2026

The influx of former H‑1B holders into EB‑5 will have consequences for the program’s overall demand and processing times. Each investor can bring a spouse and children under 21, multiplying the number of visas needed. The statutory cap for the unreserved category is limited, and while rural and high‑unemployment set‑asides offer extra visas, those quotas can be exhausted if the current trend continues. The surge could lead to:

• Longer wait times: If demand exceeds supply, especially in unreserved categories, new applicants may face longer processing and visa‑issuance timelines.
• Increased competition for projects: High demand for rural projects with priority processing may drive investors to compete for limited spots in desirable developments.
• Policy attention: A significant shift from H‑1B to EB‑5 may attract regulatory scrutiny, prompting calls for adjustments to investment thresholds or visa allocations.

For those considering EB‑5 in the next year, filing sooner rather than later can secure a better place in line and take advantage of current priority categories. It may also ensure protection under the program’s grandfather clause, which covers petitions filed by September 30 2026.

What It Means for the Program’s Future

This wave of engineers moving from H‑1B to EB‑5 underscores the need for flexible immigration pathways that reflect modern workforce realities. The trend highlights the importance of priority processing, rural investments and fair fee structures. If managed properly, the influx can bring new capital and job creation to underserved areas. However, it also raises questions about the program’s capacity to handle rising demand and maintain integrity.

As an observer and participant in the immigration landscape, I’m optimistic that the EB‑5 program can adapt and continue offering a viable solution for skilled professionals seeking security. By staying informed about policy changes, choosing projects wisely and acting within current deadlines, investors can navigate this evolving environment and secure a stable future in the United States.