US Tightens H-1B Visa Rules: L1 Visa, O1 Visa, EB-2 NIW and EB-5 Investor Visas Gain Popularity

Ever since the new Donald Trump administration took charge earlier this year, the United States government has become stricter with H-1B work visas. According to data from the United States Citizenship and Immigration Services (USCIS), there has been a 27% drop in the number of H-1B applications selected this year — the lowest since the COVID-affected year FY21.

What’s Happening with H-1B Visas?
Every year, the US allows 85,000 H-1B visas, and Indians usually get about 70% of them. But now, many Indian professionals are worried due to more visa rejections and tech company layoffs (like from Microsoft, Google, and Intel). This has led many to explore other visa options.

Other Visa Options Gaining Popularity:

L-1 Visa: For employees transferring within the same company from India to the US.

O-1 Visa: For people with exceptional skills in science, arts, or business.

Immigration lawyers say that interest in these visas has increased in the last few months. Since H-1B is harder to get and risky for travel, people are looking for safer visa choices.

Why the Shift?
Joel Yanovich, a US immigration lawyer, says many clients now feel nervous about traveling or getting their visas stamped in other countries. Some people didn’t get selected in the H-1B lottery, while others just want to avoid the tough rules linked with it.

Company Strategy:
Some companies are sending Indian employees to other countries like Canada for a short time, so they become eligible for the L-1 visa. People in managerial roles may even use this route to eventually apply for a green card under EB-1C.

Other Green Card Routes:

EB-2 NIW (National Interest Waiver): For people with advanced degrees doing work important for the US.

EB-5 Investor Visa: For people who invest money in the US. Demand for this visa has gone up by 50% since January 2025.

Visa experts say EB-5 is especially popular among Indian families on H-1B, whose children are turning 21. These children could lose their H-1B dependent status and need a different way to stay in the US. The EB-5 helps them stay legally and get travel documents in 3 to 6 months.