Indians Facing H-1B and F-1 Visa Challenges Turn to U.S. Investor Visas

Indian nationals are facing tougher challenges getting H 1B visa and F 1 student visas for the United States 🇺🇸 in 2025. As a result, more Indians are turning to investment-based immigration options like the EB 5 and, where possible, the E 2 visa to secure a more stable path to U.S. residency and green cards.

Sharp Drop in H 1B and F 1 Visa Success

The H 1B visa, which allows skilled workers to live and work in the United States 🇺🇸, has become much harder to get. For the 2026 fiscal year, only 358,000 people registered for the H 1B lottery—a drop of almost 27% from the year before and more than 54% less than in 2024. Out of these, just 120,141 applicants were chosen to move forward. This steep decline follows new rules from U.S. Citizenship and Immigration Services (USCIS) that focus on stopping fraud and making sure each person only gets one chance in the lottery. The registration fee also jumped from $10 to $250, making it harder for young professionals and students to afford.

F 1 student visas, which are needed to study in the United States 🇺🇸, are also under more scrutiny. Many Indian students report being denied in interviews that last less than ten seconds. This unpredictability makes it harder for students to plan their education and future careers in the United States 🇺🇸. Each rejection not only hurts the student’s plans but also shakes the confidence of families who hope to see their children study and work abroad.

Investment Visas Gain Popularity

With these growing hurdles, more Indians are looking at investor visas as a safer way to move to the United States 🇺🇸. The EB 5 visa, in particular, is drawing attention because it offers a direct path to permanent residency.

EB 5: A Reliable Route to Green Cards

The EB 5 program lets people get a green card by investing at least $800,000 in a U.S. business project that creates at least 10 full-time jobs for American workers. If the investment is not in a Targeted Employment Area (TEA), the minimum jumps to $1,050,000. The investment must stay in place for at least two years. For Indian nationals, only about 700 EB 5 visas are available each year, but demand has nearly doubled among former F 1 visa holders and others frustrated by long waits for H 1B or family-based green cards. There are currently over 11 million pending U.S. immigration applications, making the EB 5’s more predictable process even more appealing.

The EB 5 Reform and Integrity Act, passed in March 2022, set these investment amounts and requires the minimums to be updated for inflation starting in January 2027. Investments in TEAs are set at 60% of the standard minimum, making them more affordable for some applicants.

How the EB 5 Process Works

Applying for the EB 5 visa involves several steps:

1. Choose a USCIS-approved project, ideally in a TEA to qualify for the $800,000 minimum.
2. Prove the source of your funds with documents showing the money was earned legally.
3. Invest the required amount and file Form I-526, Immigrant Petition by Alien Investor. Access Form I-526 here.
4. Wait for approval, then apply for a conditional green card through consular processing or by adjusting your status if you are already in the United States 🇺🇸.
5. Create at least 10 full-time jobs for U.S. workers within two years.
6. File Form I-829 to remove the conditions on your green card and become a permanent resident. Access Form I-829 here.

The whole process can take between 3 and 18 months for the initial steps, but the timeline can vary based on the project and government processing times.

E 2 Visa: An Option with Limits for Indians

The E 2 visa is another investor option, but it is only available to people from countries that have a special treaty with the United States 🇺🇸. India does not have this treaty, so most Indian nationals are not eligible unless they also hold citizenship from a treaty country. The E 2 visa lets investors start or buy a business in the United States 🇺🇸 and stay as long as the business is running and profitable. There is no set minimum investment, but it must be enough to make the business work.

The E 2 visa is a non-immigrant visa, meaning it does not directly lead to a green card. However, it can be renewed indefinitely, and investors can bring employees of the same nationality. If Indian nationals want to use this route, they often need to get dual citizenship in a treaty country first—a process that can be complex and time-consuming.

Other Alternatives: L 1 and O 1 Visas

Besides investment visas, some skilled Indian professionals are looking at the L 1 and O 1 visas:

• L 1 Visa: This is for employees of multinational companies who are being transferred to a U.S. office. There is no annual cap, and processing usually takes 3–6 months. It is a good option for people already working for large companies with offices in both India and the United States 🇺🇸.
• O 1 Visa: Known as the “Einstein visa,” this is for people with extraordinary ability in fields like science, arts, education, or business. There is no cap, and processing is fast, but the requirements are strict. Applicants must show they are at the top of their field.

Both L 1 and O 1 visas offer faster work authorization than the H 1B visa, but they are temporary and do not guarantee permanent residency.

Why Indians Are Shifting to Investment Visas

Several factors are pushing Indians to consider investment-based immigration:

• Policy Changes: New H 1B rules make it harder to get selected, raise costs, and focus on fraud prevention.
• Unpredictable Student Visas: F 1 visa denials are rising, making it risky to plan for a U.S. education and career.
• Family Concerns: Children on dependent visas must leave the United States 🇺🇸 when they turn 21, so families want more secure options.
• Backlogs: With millions of applications pending, traditional routes like H 1B and family-based green cards are taking longer than ever.

Pros and Cons of Each Visa Type

Expert Advice and Practical Tips

Immigration lawyers recommend careful planning before choosing an investment visa. The EB 5 program requires a large amount of money and proof that the investment creates jobs. The E 2 visa, while flexible, is not available to most Indians unless they get dual citizenship. Experts also warn that the EB 5 minimum investment will likely rise in 2027 due to inflation adjustments, so acting sooner may save money.

Families should also think about how each visa affects their children’s future. For example, the EB 5 can help children get green cards before they age out of dependent status, while non-immigrant visas like H 1B or L 1 do not offer this security.

Official Resources

For more details about the EB 5 program, visit the USCIS EB-5 Program page. This official site provides up-to-date information on eligibility, forms, and the latest policy changes.

Looking Ahead: What’s Next for Indian Applicants?

The EB 5 visa remains the most reliable investment-based green card option for Indians, despite its high cost and limited number of spots. The E 2 visa is only possible for those with dual citizenship in a treaty country. As H 1B and F 1 visa challenges continue, more Indians are expected to explore these investment routes.

According to analysis by VisaVerge.com, the shift toward investor visas is likely to grow as traditional skilled worker and student visa routes become less predictable and more expensive. Policy changes, inflation adjustments, and possible new treaties could affect future options, so staying informed and planning ahead is key.

For Indian nationals and their families, the path to the United States 🇺🇸 is changing. Investment visas like EB 5 offer a more certain, though costly, way forward. Careful planning, legal advice, and early action can help applicants make the best choice for their future in the United States 🇺🇸.