U.S. tech giants Amazon and Google recently announced that they’ve suspended Green Card applications for the rest of 2024. This announcement comes in the wake of recent massive layoffs across the tech industry, which includes the bulk of H-1B workers.

Both companies are reported to have paused permanent labor certification (PERM) until 2025. Amazon announced its PERM suspension for the rest of 2024 earlier this year, while Google suspended PERM applications in January 2023 before laying off 12,000 workers. Google’s PERM suspension is set to last until Q1 2025.

Industry experts believe that many tech companies will follow in their footsteps and suspend PERM filings in the coming months. These events have sent ripples across the H-1B workforce, creating uncertainty for H-1B workers looking to become permanent U.S. residents.

Many H-1B visa holders have begun looking for alternative ways of acquiring U.S. permanent residency. The EB-5 program is one option that offers them a more permanent immigration solution.

In this article, we’ll discuss the implications of Amazon and Google’s Green Card suspensions for H-1B workers and how the EB-5 program can solve their immigration challenges.

Impact of Green Card Suspensions on H-1B Workers

The H-1B visa route allows U.S. companies to hire specialized foreign workers. Congress introduced the H-1B visa in 1990, and it quickly became a popular route for hiring foreign tech talent. Foreign professionals, especially Indian nationals, also saw it as an opportunity for career advancement in the U.S.

However, the recent changes in the tech industry have disrupted many H-1B workers’ plans of securing U.S. Green Cards. Many H-1B workers have had to return to their home countries following the massive tech layoffs of the last few years. This is because the H-1B visa is employment dependent, meaning H-1B workers must leave the U.S. within 60 days if they cannot find new employment.

Amazon and Google’s Green Card application suspension has worsened this situation for H-1B workers. These suspensions mean that current H-1B employees of these companies whose visas are near the six-year limit will not receive sponsorship for their EB-2 or EB-3 Green Card applications. Experts predict that more H-1B workers may have to leave the U.S. in the coming years if this trend continues.

Aside from these issues, the H-1B visa has several other limitations that make pursuing U.S. permanent residency difficult for its holders.

Limited Allowance

The H-1B visa is a temporary non-immigrant visa that permits a three-year stay with the option of renewing for up to three additional years. You cannot renew your H-1B visa beyond this six-year limit except under specific conditions. Additionally, you must receive employer sponsorship for an EB-2 or EB-3 visa to remain in the U.S.

This poses two significant challenges. First, your employer may be unwilling to sponsor your EB-2 or EB-3 visa application. Second, If your employer agrees to sponsor your Green Card application, you may get stuck on the USCIS waitlist for years due to heavy backlogs in employment-based Green Card applications.

The H-1B visa also limits your career choices. Only a few companies hire H-1B workers, and if you want to switch employers, you must apply to USCIS for a new H-1B visa.

Family Restrictions

Although the H-1B visa allows you to bring your dependents (your spouse and unmarried children under 21) to the U.S., they can only work if they obtain individual employment permits. Their H-4 dependent visas are also entirely reliant on your H-1B visa. If you lose your job and ability to remain in the U.S., they must also leave with you.

Furthermore, your dependent children will lose their H-4 dependent status once they turn 21. Once this happens, they must switch to another visa route to continue residing in the U.S., or else they will have to leave.

Why the EB-5 Program Is a Better Solution for H-1B Workers

Given the uncertainties and limitations of the H-1B visa, it is often not a long-term solution for foreign professionals looking to make the U.S. their permanent home. H-1B workers, especially those in the tech industry, must start searching for an alternate way to remain in the U.S.

The EB-5 Immigrant Investor Program offers a more permanent immigration solution for H-1B workers. The program grants permanent residency to foreign individuals who can invest at least $1.05m or $800,000 (for TEA investments) in the U.S. economy and create at least 10 full-time jobs for American workers.

Although EB-5 is an employment-based preference, it does not require employer sponsorship. Instead, it requires you to create employment for qualified U.S. workers. There’s also no special educational or professional achievement requirement for the EB-5 visa.

Importantly, the EB-5 program offers the fastest route to acquiring a U.S. Green Card for H-1B workers, especially for Indian nationals, who make up most of the H-1B workforce.

Benefits of the EB-5 Program

Unlike the H-1B visa, the EB-5 visa is a direct route to U.S. permanent residency. EB-5 investors and their dependent family members will receive conditional Green Cards once their application is successful. They can then apply to have the conditions removed after two years and apply for U.S. citizenship by naturalization within two years of obtaining their Green Cards.

The EB-5 visa also offers more freedom and flexibility. EB-5 Green Card holders can live, work, or study anywhere in the U.S. And there are no employer limitations, so you can work for any employer you choose, start a business, or become an independent contractor.

The EB-5 Green Card also gives you and your family access to almost the same educational, financial, healthcare, and social benefits available to U.S. citizens. You and your family will also enjoy the freedom to travel in and out of the U.S. without restrictions.

Expedited Green Card With Rural Investments and Concurrent Filing

In 2022, Congress enacted the EB-5 Reform and Integrity Act (RIA), which introduced several welcome changes to the EB-5 program.

The RIA reserved 32% of the EB-5 annual allocation as “set-aside” visas. Under this set-aside category, 20% is allocated to rural TEA projects, 10% to projects in high-unemployment areas, and 2% to infrastructure projects. The RIA also instructs USCIS to prioritize processing for EB-5 investments in the rural category.

H-1B workers can take advantage of rural set-aside EB-5 visas and the priority processing provision to quickly secure their future in the U.S., as backlogs are yet to exist in this category. This option provides an easy route to escape the heavy backlog and long wait times in the EB-2, EB-3, and unreserved EB-5 categories, especially for Indian nationals, who are experiencing large backlogs.

Another beneficial provision of the RIA is its concurrent filing option. This provision allows EB-5 investors who are already in the U.S. on nonimmigrant visas to simultaneously apply for adjustment of status, a work permit, and a travel permit with their I-526E petition. Once you’ve filed these petitions, you can stay in the U.S. even if you lose your job before receiving approval.

The concurrent filing option throws a life-saving line to H-1B workers. They will typically receive their employment authorization documents and travel permits within a few short months, granting them the freedom to remain in the U.S. to pursue their career choices without restrictions.

EB5AN Can Help You Speed Up Your U.S. Green Card Journey

Unlike the H-1B visa, the EB-5 visa offers U.S. foreign workers more stability and security, especially with the tech industry’s massive layoffs. It provides a long-term immigration solution and guarantees access to the numerous opportunities in the U.S.

If you’re an H-1B worker looking for alternative pathways to permanent residency, you should consider the EB-5 program. And here at EB5AN, we can provide all the guidance you need for a successful EB-5 Green Card application.

EB5AN has successfully helped over 2,300 families from 60 countries relocate to the U.S. We offer our clients first-rate, low-risk EB-5 regional center projects with a 100% USCIS approval rate to date. We can help you find a project that suits your immigration and financial goals.

For more information about the EB-5 program and how to switch from an H-1B to an EB-5 visa, book a free one-on-one consultation with our expert team today.