H-1B Fatigue? Why EB-5 Might Be a Better Green Card Strategy for Indian Families

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For many Indian families, the path to U.S. permanent residency has traditionally followed a well-worn track:
F-1 Student VisaH-1B Work Visa → EB-2/EB-3 Green Card

But with record backlogs, uncertainty around sponsorship, and limited job flexibility, that route is increasingly seen as unreliable—and emotionally draining.

In this final post of our EB-5 blog and video series with EduFund’s Anand Patinge, we explore how the EB-5 visa compares to the H-1B-based path, and why more families are choosing the investment route instead.

The H-1B Backlog: No End in Sight

According to USCIS data, there are now more than 1 million people—including primary applicants and family members—waiting in the EB-2 and EB-3 green card queues, many of them from India.

“These families have been here for a decade or more,” said Nick Buonagurio of CanAm. “They’re working hard, their kids are in school, but they have no clear timeline on when they’ll get their green cards.”

Even those lucky enough to secure an H-1B visa are still dependent on:

  • Employer sponsorship
  • Job continuity
  • Company willingness to file (and pay for) green card applications

If the job is lost or the company changes direction, the immigration path can quickly unravel.

The EB-5 Alternative: A Self-Directed Path

The EB-5 Immigrant Investor Program allows families to take control of their green card journey by investing $800,000 in a qualifying U.S. commercial project that creates at least 10 jobs.

Unlike the H-1B route, EB-5:

  • Does not require employer sponsorship
  • Offers independent work and travel authorization (via concurrent filing)
  • Allows children to apply as the primary investor, if appropriate
  • Offers a clear and structured timeline, free from lottery risk

“Once you file for EB-5, you’re no longer tied to a single job or employer,” Nick said. “You can apply for any job—or none at all. It’s about freedom and flexibility.”

EB-5 vs H-1B — Quick Comparison

Feature H-1B Path EB-5 Path
Employer Sponsorship Required ✅ Yes ❌ No
Subject to Annual Lottery ✅ Yes (for F-1 OPT) ❌ No
Green Card Timeline ❌ Often 10+ years (India) ✅ ~6–7 years, with early benefits
Work Flexibility ❌ Limited to specific employer/role ✅ Open to any employer or self-employment
Family Green Cards ✅ Yes, but tied to job continuity ✅ Yes, all included under one petition
Early Benefits (Work/Travel) ❌ No ✅ Yes, via concurrent filing

EB-5 Is Becoming the Backup Plan—Or the Primary Plan

Over the past few years, EB-5 has gone from being a niche solution to a mainstream alternative for Indian families:

“Families are using EB-5 as a lifeline,” said Nick. “It gives them long-term status, career options, and peace of mind. Especially if they’re already in the U.S. and facing uncertainty.”

Many Indian parents are even choosing to have their college-age children file as the primary EB-5 applicants—ensuring a secure future without relying on H-1B sponsorship after graduation.

A Word of Caution: Plan Early

While EB-5 offers more control, it also requires preparation:

  • Proving lawful source of funds
  • Choosing the right regional center and project
  • Managing expectations on timeline and returns

“This is a major decision,” Anand noted. “But if families plan early—before the child finishes school or before an H-1B runs out—they can avoid panic later.”

The Bottom Line

If your family is tired of waiting in the green card queue, facing H-1B uncertainty, or looking for a more stable immigration solution—EB-5 may be the right option.

It’s not a shortcut. It’s not easy. But it offers something many families are craving: a plan that they can actually control.

Watch the Part 5 video clip here.

Read Part 4 of the series here.

Thank you for following along with our full five-part EB-5 series with EduFund. We hope it’s helped answer the questions that matter most to families making one of the biggest decisions of their lives.

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