Posted on: 26th September 2025

How Do H-1B Visa Changes Affect the EB-3 & EB-5 Visas?

On Friday, September 19th, President Trump announced new rules for the H-1B visa program. This raised concerns for people thinking about moving to the U.S.

However, there is good news for investors and workers: these changes do not affect either the EB-3 or EB-5 programs. Both remain open, stable and strong pathways to permanent U.S. residency.

Here’s what we know so far.

What is the H-1B visa?

The H-1B visa is a temporary work visa. It is issued for skilled foreign workers in specialty roles such as technology, finance and engineering.

It has often been criticized for “taking jobs from Americans” by filling positions U.S. workers could otherwise hold. This is why the recent changes target the H-1B program.

How is the H-1B visa changing?

According to USCIS, starting from September 21st, 2025, every new H-1B petition must include a $100,000 payment .

This is intended to discourage misuse of the program. These changes will make companies think twice before relying on H-1B workers instead of hiring Americans.

But it’s important to note: H-1B is very different from EB-3 and EB-5.

The EB-3 visa explained

The EB-3 program is designed to fill labor shortages in essential industries. They include factories, warehouses, food production and logistics.

EB-3 visa holders are not taking jobs from American workers. They are filling positions that employers struggle to fill with U.S. citizens.

Most importantly, EB-3 is a permanent residency program, not a temporary visa. Applicants build a pathway to U.S. stability, green cards, and eventually citizenship.

The EB-5 visa explained

The EB-5 investor visa is another permanent residency route. It requires foreign investors to place capital into U.S. projects that directly create American jobs.

Unlike H-1B, EB-5 applicants are not competing for existing employment. They must create at least 10 full-time jobs for U.S. citizens or permanent residents by law.

This makes the EB-5 a direct driver of economic growth and employment creation in the U.S.

Key differences between H-1B, EB-3, and EB-5

The critical difference is permanence.

• H-1B visa: Temporary, uncertain, requires frequent renewal.

• EB-3 visa: Permanent residency via essential employment.

• EB-5 visa: Permanent residency via investment and job creation.

This is why H-1B policy changes do not apply to EB-3 or EB-5.

Will H-1B changes affect EB-3 and EB-5 demand?

Indirectly, yes.

There are over 730,000 H-1B visa holders in the U.S. Each year, 85,000 new visas are given out. Many of these holders are now looking for permanent solutions.

The most logical pathways? EB-3 and EB-5.

As more H-1B professionals shift toward permanent residency programs, demand could increase significantly. This may lead to longer processing times in the near future.

Can you still apply for EB-3 or EB-5?

Absolutely. Both EB-3 and EB-5 remain open and unaffected.

But timing matters. By starting now, you can secure your place before a potential wave of H-1B applicants begins to crowd the queue.

For those considering U.S. residency, the opportunity is clear:

• EB-3: Gain permanent residency through employment.

• EB-5: Secure residency through investment and job creation.

Holborn remains committed to guiding you through either process with confidence.

Why act now?

Both EB-3 and EB-5 are proven pathways to U.S. residency and citizenship. The programs are not only secure but also growing in demand.

The recent H-1B changes will only make these routes more attractive. Starting your application today ensures you remain ahead of the surge.

Contact Holborn Pass to find out how we can help you secure your U.S. residency through EB-3 or EB-5.