April 2026 is destined to be a sleepless month for countless international students and professionals harboring dreams of staying in the United States. As USCIS announces the H-1B lottery results for fiscal year 2027, reality has once again delivered a cruel response.
With policies tightening and layoffs continuing, the H-1B path, once considered a stable route for staying in the U.S., is becoming increasingly precarious. When "luck" is no longer the deciding factor and "high salary" becomes the ticket to entry, the EB-5 investment immigration under the new policy is becoming an important option for many families planning their status pathways.
FY 2027 Lottery Concludes:
"Elite Screening" Under the Guise of Favorable Appearances
This year's H-1B lottery data appears to show a "favorable" trend—the number of applicants dropped sharply from 780,000 last year to 344,000, with the overall selection rate rebounding to 35%. However, this is merely a more precise "elite screening" process.
• Level 1 (Entry-level) selection rate plummets: Influenced by the "wage-weighted lottery" policy, the selection rate for low-wage entry-level positions is only about 15%, a drop of nearly 50% from the previous year. This means that for recent graduates, without a high-salary offer, they are almost destined to be part of the denominator.
• Level 4 (Senior-level) becomes the winner: The selection rate for high-salary senior positions reached as high as 61%, an increase of 107%.
USCIS is sending a clear signal through this method: the United States only needs applicants with high salaries and stronger professional capabilities. For the majority of applicants in ordinary positions, the door to H-1B is closing.
Soaring Wage Thresholds and the Shadow of Policy "Cancellation"
Beyond the intensified lottery competition, rising wage thresholds and uncertain policy directions are placing greater pressure on applicants and employers.
The "Second Harvest" of wage thresholds: In addition to the weighting during the lottery, a draft recently proposed by the U.S. Department of Labor intends to significantly raise the minimum wage standards for H-1B visas. This means that even if you are lucky enough to be selected, employers must pay salaries far above the market level. For many small and medium-sized enterprises or startups, this cost is unbearable. (For details, please click to view previous WorldWay reports: H-1B Emergency Alert! New Changes in the Trend of Staying in the U.S.)
The political game of "Canceling H-1B": Even more worrying is that the legitimacy of the H-1B visa itself is facing challenges. An aggressive proposal, the "Assimilation Act," plans to completely shut down the green card lottery system and terminate the H-1B visa program entirely. Although it has not yet been passed, the shift in political winds has made the future of this visa category full of variables. Even if not completely canceled, the constantly rising application fees and rigorous audits are continuously weakening the attractiveness of the H-1B path. (For details, please click to view previous WorldWay reports: Major Proposed Bill: Is H-1B to be Abolished?)
Status Crisis Amidst the Wave of Layoffs:
The Darkest Hour for H-1B Holders
For those who already hold an H-1B, a sense of security is also a luxury. Since the beginning of 2026, the global technology industry has seen nearly 80,000 layoffs, with more than 76% occurring in the United States.
The Achilles' heel of the H-1B visa lies in its "employer-tied" attribute. Once laid off, holders typically have only a 60-day grace period to find a new job. However, in the current economic environment, finding a new employer willing and able to sponsor an H-1B transfer within two months is as difficult as ascending to heaven. Worse, there are cases showing that even within the grace period, one's status may face the risk of being terminated early.
This vulnerability of "no work, no pay" keeps countless middle-class families in a state of constant anxiety.
EB-5 New Policy:
The Reversal from "Lottery Failure" to "Status Remedy"
In the desperate situation where the H-1B path is almost blocked, for those who failed the H-1B lottery, whose OPT is about to expire, or who have just been laid off and whose status is in jeopardy, EB-5 is not just an immigration pathway, but an "emergency kit" for staying in the United States.
Why is it called an "emergency kit"?
Currently, the EB-5 reserved visa category (such as rural projects) is in a "no-backlog" status, and applicants already in the United States can simultaneously file Form I-526E (Immigrant Petition) and Form I-485 (Adjustment of Status). Applicants can usually obtain a Combo Card (EAD + Advance Parole) in about 90 days.
• For those who failed the lottery: This card means you no longer need to rely on H-1B and can legally work and live in the United States.
• For those who were laid off: This card allows you to break free from reliance on an employer. Even if unemployed, you still have the right to legal residence and the freedom to work, without the need to flee in a rush within 60 days.
Seize the "Grandfather Clause" Window of September 30, 2026
Time waits for no one. The deadline for the "Grandfather Clause" in the new EB-5 law is September 30, 2026. Filing an application before this date means your application will be protected by current law—regardless of how future policies change or whether backlogs appear, you will lock in the current investment threshold (starting from $800,000) and the no-backlog dividend.
The winter of H-1B has arrived. For international students and professionals eager to stay in the United States, taking EB-5 as a Plan B or even Plan A is no longer a multiple-choice question, but a mandatory question concerning the future. Rather than waiting passively in the anxiety of the lottery and the fear of layoffs, it is better to take the initiative and use certainty to counter uncertainty.
WorldWay holds high-quality rural EB-5 projects with officially approved I-956F—"North Carolina Sugar Mountain Hilton Hotel", helping investors quickly realize their U.S. status planning and embark on the path to a new life in the United States.
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