Why EB-5 Is a Safer Choice Than the H-1B Visa
For years, the H-1B program has been one of the most common ways skilled professionals, particularly in STEM fields, enter the United States. But while the visa has helped bring talent from around the world, it also comes with major risks—risks that have only grown in recent months.
By contrast, the EB-5 Immigrant Investor Program offers a far more secure path to U.S. residency. For investors abroad, EB-5 provides direct access to permanent residency through consular processing, without the need to depend on an employer or face sudden disruptions in legal status.
The H-1B Bottleneck and Oversubscription Problem
Demand for H-1B visas continues to far exceed supply. In the March 2025 registration period, nearly 57,600 U.S. employers filed petitions for around 339,000 individual workers. That meant more than 343,000 eligible registrations competing for only 85,000 spots—a ratio of about 4 to 1.
The program’s largest share of approvals has consistently gone to Indian nationals. In fiscal year 2024, about 71% of approved H-1B petitions were for workers born in India, reflecting both the country’s strong STEM pipeline and the visa’s enduring popularity.
Yet even for those lucky enough to be selected, H-1B status offers little certainty. The visa ties a professional’s legal right to stay in the United States directly to their employer. If a worker loses their job, they have historically had just 60 days to find another sponsor or leave the country.
Why the 60-Day Grace Period Is Under Threat
Until recently, this short grace period provided a modest cushion for H-1B holders after layoffs. But reports from mid-2025 suggest that the Department of Homeland Security (DHS) may be challenging even this provision.
Some immigration attorneys have noted cases where H-1B workers received notices to appear in immigration court after their employers withdrew sponsorship, even though they were still within the 60-day period. DHS appeared to treat these individuals as “overstaying,” raising the possibility of removal before their grace period expired.
Whether this becomes a consistent policy or remains an isolated interpretation, the fact remains: under current law, DHS has the authority to shorten or even eliminate the grace period altogether. Given the second Trump administration’s stricter stance on temporary work visas, H-1B holders cannot assume they will always be protected.
For families who have built their lives in the United States, this uncertainty can mean uprooting everything at a moment’s notice.
Why EB-5 Provides Long-Term Security
The EB-5 program was designed to provide a stable, permanent path for investors and their families. By making a qualifying investment in a U.S. regional center project, EB-5 applicants secure the ability to apply for permanent residency without depending on employer sponsorship.
For investors abroad, the process typically works as follows:
· File Form I-526E with USCIS.
· Once the petition is approved and a visa is available, complete consular processing at a U.S. embassy or consulate.
· Enter the United States as a conditional permanent resident.
This pathway bypasses the fragile nature of temporary visas. Families move directly to Green Card status, avoiding the cycle of H-1B renewals, sponsorship transfers, or unexpected terminations.
Why It’s Often Better to Skip H-1B Altogether
Many international professionals still assume that H-1B is the default first step toward a U.S. career. But given today’s environment, pursuing EB-5 from abroad may be the smarter choice from the start.
With EB-5:
· Families enter the United States as permanent residents, not temporary workers.
· Spouses and children receive Green Cards alongside the main applicant.
· Career freedom is much greater: residents can work for any employer, start a business, or study without restrictions.
By contrast, H-1B holders must hope to win the visa lottery, remain tied to one employer, and now face the risk of losing legal status even before a grace period expires.
For ambitious professionals abroad, choosing EB-5 first allows you to bypass this uncertainty. Instead of navigating the U.S. system through temporary visas, you establish permanent roots from the very beginning.
Additional Benefits While Waiting for EB-5 Approval
Although EB-5 investors abroad must pursue consular processing, it’s worth noting that EB-5 applicants in the United States can also file for adjustment of status. Doing so allows them to apply for an employment authorization document (EAD) and an advance parole travel permit while waiting for Green Card approval.
These permits provide the freedom to work for any employer and to travel internationally with fewer restrictions. While this is especially helpful for H-1B workers already in the U.S., it also illustrates the program’s flexibility compared to temporary work visas.
A Clearer, Safer Future with EB-5
The H-1B pathway is increasingly uncertain, and families relying on it risk sudden disruption of their lives in the United States. The EB-5 program, on the other hand, offers a direct, dependable route to permanent residency through consular processing.
For many investors abroad, the question is not whether to switch from H-1B to EB-5, but whether it is worth starting the H-1B process at all.
If your family is considering a move to the United States, Arcasia Advisors can help you explore the EB-5 option and guide you through every step of the process. Contact us today to learn how EB-5 can provide a secure path to your future.
