The H-1B visa has long been a vital pathway for many to work, live, and plan their futures in the United States. However, in the current policy environment, the real concern is no longer just “whether one can apply,” but rather: whether this path remains as stable and predictable as it once was.
Recently, it was reported that U.S. government attorneys disclosed at a federal court hearing that since the White House introduced a $100,000 surcharge for new H-1B applications submitted from abroad in September 2025, only about 70 U.S. employers have actually paid this fee. This figure is far below external expectations.
Another widely noted case has made this uncertainty even more tangible. The Times of India reported that an employee holding a valid H-1B visa until 2028 was laid off while visiting India for a family emergency, subsequently lamenting on social media that the “H-1B is effectively void.”
This in itself is a signal
The fact that “only about 70 employers have paid the fee” sends a very direct signal: most companies are unwilling to pay this additional cost for H-1B talent from abroad.
What does this mean?
First, overseas recruitment will become more difficult. For many small and medium-sized enterprises and startups, $100,000 is not a small sum.
Second, companies will lean more toward “locals.” When the same position can be filled by a local U.S. citizen, a green card holder, or someone who requires additional status-related costs and time, corporate choices are often very pragmatic. This direction is also consistent with the White House's publicly emphasized policy of “protecting American workers.”
More importantly, when one is outside the United States, professional risks are further amplified. Once the original employer is lost or the status continuity is interrupted, the problem may no longer be just “temporary unemployment,” but rather that “the cost of re-entering the U.S. job market has suddenly become too high.”
What is even more alarming is that it is not just one single policy that is tightening, but the entire pathway to staying in the U.S. is becoming more difficult simultaneously.
The H-1B itself is becoming increasingly difficult. Once unemployed, the buffer time left for applicants is already limited; in a layoff environment, finding a new employer to take over in a short period is not easy. Meanwhile, the lottery is increasingly skewed toward high-paying positions, making it less friendly to fresh graduates and entry-level roles.
The transition space from F-1 to H-1B is also narrowing. OPT faces the risk of re-evaluation or even termination. Furthermore, some universities have already banned the hiring of new H-1B faculty members.
What international students may face in the future is not just “difficulty finding a job,” but that the entire path to staying in the U.S. is becoming harder, more expensive, and more uncertain.
Putting these factors together, a trend is becoming clear: in the future, the U.S. will be more welcoming to mature labor forces that already possess higher salaries, stronger job value, and lower status risks.
Is resolving status issues as early as possible
It is precisely for this reason that more and more people are beginning to realize: for families and individuals who wish to develop, work, and live in the United States long-term, what really needs to be resolved as early as possible is no longer “whether one can win the H-1B lottery,” but whether one can reclaim their future from employers and temporary visas as soon as possible.
This is also why “status” is becoming increasingly important.
With a green card, changing jobs no longer depends on an employer;
With a green card, cross-border travel will not affect one's entire career path due to a single temporary work visa;
With a green card, career choices, educational arrangements, asset planning, and family life will all have higher certainty.
To put it more directly: a visa solves the question of “whether one can stay for now,” while status solves the question of “whether one can truly settle down.”
Allows for more initiative
In the current environment, EB-5 is more worthy of attention because it provides a more stable U.S. status. This means that applicants no longer have to hand over the initiative for long-term U.S. residency entirely to an employer, nor do they have to keep their career path tied to H-1B, layoff risks, and policy fluctuations. Instead, they can establish their education, employment, residence, and family arrangements on a more stable status foundation earlier.
Especially under the current policy window, the reserved visa categories under Rural EB-5 still possess advantages such as no visa backlog, concurrent filing, and priority processing. For eligible applicants, this is not just about “getting a green card faster,” but more importantly, it turns many choices that were originally passive waiting into proactive, plannable arrangements.
WorldWay holds two high-quality EB-5 rural projects, helping investors achieve their U.S. status planning steadily, without backlogs, and efficiently, quickly embarking on a new life in the United States. Global quotas are limited, spots are scarce, and they are available on a first-come, first-served basis!
If you would like to learn more about changes in U.S. immigration policy, please contact WorldWay for a one-on-one consultation, or attend the offline U.S. immigration seminars hosted by WorldWay in Beijing, Shenzhen, and Shanghai from March 20th to 21st.
For inquiries in mainland China: 400-138-2929, Hong Kong, China Customer Service Center: (852)2802 8798