Over the past year, the tone of conversations with H-1B professionals and F-1 students has shifted in ways that are hard to ignore. The question is no longer only whether the system works. It is whether the system feels stable enough to support long-term immigration planning.
The observations in this article draw on direct experience at US Immigration Fund, a regional center that has served more than 6,000 investors and 12,500 families over the course of 15 years, and on conversations with three senior immigration attorneys: Ignacio Donoso and Arushi Gupta of Donoso and Partners LLC, and Rohit Turkhud of Chiesa Shahinian & Giantomasi PC (CSG Law).
The H-1B and F-1 pathways remain viable. What has changed is the environment around them. The changes described below are already affecting real families, and the professionals navigating this well are those who planned before they needed to. In this environment, long-term immigration planning has become essential rather than optional.
On September 19, 2025, USCIS implemented a $100,000 employer fee for each new H-1B hire. Ignacio Donoso clarifies who it affects: the fee does not apply to F-1 students transitioning through OPT or to H-1B holders renewing their status without a gap in authorization. It targets individuals being hired from outside the United States who have never previously held H-1B status.
That scope is narrower than many assume. But for those it covers, it has created a real barrier, and employers are now weighing this cost against hiring decisions in ways they were not before.
More broadly, the H-1B visa has always tied immigration status to employer decisions. In stable times, that link feels distant. When companies restructure, it becomes the most pressing variable in a professional’s life. This growing uncertainty is pushing more professionals to think seriously about long-term immigration planning beyond employer sponsorship. At US Immigration Fund, we regularly speak with senior professionals at companies like Meta, Google, and Tesla who are not expecting to lose their jobs but no longer feel comfortable assuming they will not.
On October 30, 2025, USCIS eliminated the automatic 540-day extension for H-4 EAD renewals. H-1B visa appointments for Indian nationals are currently scheduled as far out as May 2027.
Rohit Turkhud is currently handling a case that illustrates what these figures mean in practice. A client’s husband had his H-1B appointment cancelled two days before the date. He is now in India, waiting for a new appointment, which is not expected until April 2027. His wife holds an H-1B status in the United States. As Rohit puts it: “It is very interesting. It is very scary. It is breaking up families.”
For dual-income households, the H-4 EAD change directly compounds the problem. Any disruption to the primary H-1B holder’s status immediately affects the spouse’s ability to work. Immigration status has become a household financial risk-management question in a way it simply was not before.
F-1 visa applications have reportedly dropped approximately 40% nationally, with universities including Harvard, Brown, Columbia, and NYU already feeling the impact. That decline has direct downstream consequences for the H-1B pipeline.
The new wage-weighted H-1B selection process, effective February 27, 2026, adds further pressure. The lottery no longer operates on chance. Selection favours higher-wage roles and candidates already present in the United States. As Ignacio Donoso notes, the government’s current target H-1B worker is someone holding a master’s or PhD degree, a meaningful shift from the programme’s minimum requirements and from the profile of many current applicants.
Rohit Turkhud acknowledges one potential upside: heavy skewing toward senior roles may leave unused quota available to entry-level candidates. But he is clear that this is a wait-and-watch situation, and no one should plan around it as a reliable outcome.
Parents are now approaching EB-5 conversations well before their children apply to US universities, rather than after enrollment. Arushi Gupta at Donoso and Partners has seen the profile of enquiries shift from individual F-1 applicants to entire families with multiple children asking how quickly they can begin and whether more than one child can be covered in the same petition.
For H-1B professionals specifically, the EB-5 programme offers something that employer-sponsored pathways like EB-2 and EB-3 cannot: a green card route that is independent of any employer’s decisions. Since the EB-5 Reform and Integrity Act of 2022, investors who file an I-526E petition may concurrently apply for an Employment Authorization Document and a travel permit. As Arushi Gupta frames it: if a professional is laid off while an EB-5 petition is pending, they have the EAD to fall back on.
The EB-5 programme requires substantial capital, genuine due diligence, and a clear understanding of investment risk. It is not the right fit for everyone. But the growing interest among H-1B professionals reflects a considered shift in how people think about risk, control, and long-term immigration planning.
The immigration system continues to function. H-1B and F-1 pathways remain central to American innovation and global talent mobility. What has changed is the margin for unpredictability, and the appetite among professionals for earlier, more deliberate long-term immigration planning.
If you are on an H-1B or F-1 visa and want to understand your long-term immigration options, speaking with an experienced immigration attorney is the right first step.
Schedule a consultation today to understand your options and build a plan that works for your goals.
What happens to my H-1B status if I am laid off?
An H-1B professional who loses their job typically has a 60-day grace period from the date employment ends to find a new employer willing to file a transfer petition, change immigration status, or depart the United States. The clock starts on the last day of employment, not the date you are notified. Contact an immigration attorney immediately, as the timeline is moving quickly.
Can both of my children be included in a single EB-5 petition?
Yes. Dependent children under 21 who are unmarried can be included as derivatives on an EB-5 petition, meaning one investment can cover the principal applicant and qualifying dependent children simultaneously. Many families are now filing early to cover more than one child before either has started the US college application process.
Is the EB-5 programme still active, given the uncertainty around reauthorisation?
Yes. The EB-5 programme is authorised under the Reform and Integrity Act until September 30, 2027. Investors who file their I-526E petition before September 30, 2026, are protected by a grandfathering clause, meaning subsequent changes to the programme will not affect their applications. The September 30, 2026, deadline is critical for anyone currently evaluating EB-5.
What is the difference between rural, HUA, and infrastructure EB-5 categories?
The three targeted employment area categories carry different visa allocation percentages, processing considerations, and investment characteristics. Rural and HUA have been available since 2022. Infrastructure is newer, carries a separate allocation, and may qualify for expedited processing under USCIS guidelines. The right category depends on your goals, risk profile, and filing location. A qualified immigration attorney and regional center representative can help evaluate which suits your situation.
Edwin John
Director of Business Development, US Immigration Fund | Active in EB-5 since 2017. USIF has served over 6,000 investors and 12,500 families across fifteen years of operation.
Ignacio Donoso
Managing Partner, Donoso and Partners LLC | Nearly two decades in US immigration law and one of the leading practitioners in the EB-5 field. Based in Bethesda, Maryland.
Arushi Gupta
Managing Director India Operations, Donoso and Partners LLC | Eight years leading the firm’s India practice, advising H-1B professionals and families across India and the United States.
Rohit Turkhud
Member, CSG Law | Over a decade representing EB-5 investors worldwide, known for technical rigour and direct client counsel.
Disclaimer: This article is for informational purposes only and does not constitute legal or investment advice. The EB-5 programme involves risk, including potential loss of capital. Immigration outcomes depend on individual circumstances. Consult a qualified US immigration attorney and registered investment advisor before making any decisions. Information is current as of publication date and subject to change.
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