When a surprise presidential proclamation dropped on September 19, 2025, few expected the sweeping implications it would have for H-1B visa holders and employers across the U.S. tech and professional landscape. For the millions of foreign nationals who rely on the H-1B to live and work in the United States—and for companies that depend on this talent pipeline—the changes have sparked both confusion and concern.
In a recent conversation, Pete Calabrese, CEO of CanAm Investor Services, sat down with Rohit Turkhid, Partner at CSG Law, to unpack what the new order means, what comes next, and why now may be the time for many H-1B professionals to seriously consider the EB-5 Immigrant Investor Program as a more secure and flexible immigration path.
A “Lightning Bolt” Announcement
As Turkhid put it, “The proclamation from September 19th came out of the blue. It was a lightning bolt that came in, which was not expected.”
Titled “Restriction on Entry of Certain Non-Immigrant Workers,” the proclamation targets H-1B visa applicants and employers with a newly imposed $100,000 filing fee for petitions submitted on or after September 21, 2025.
While the administration later clarified that current H-1B visa holders are not affected, the lack of immediate guidance caused widespread panic. “Panic would be the absolute right word,” Turkhid noted. “There was just so much uncertainty—for attorneys, for employers, and for H-1B holders.”
Even now, questions remain. As Turkhid cautioned, “There are lots of we don’t knows. We don’t know so many different things as to how they’re going to play out.”
What We Know So Far
For now, the $100,000 filing fee applies only to new H-1B petitions filed after September 21, not to existing visa holders or renewals. The policy also states that “the proclamation does not impact the ability of any current visa holder to travel to or from the United States.”
However, Turkhid urged caution for anyone traveling abroad to renew or obtain an H-1B visa stamp:
“If the consulate does not issue the visa because of this $100,000 issue, you could be stuck in your home country until that’s clarified. And if your employer can’t wait, you could lose your job and face a whole host of issues.”
Both Calabrese and Turkhid emphasized that this is not a time for guesswork or informal advice. “Do not take advice from friends,” Calabrese warned. “As well intended as it may be, this is the time to rely on your immigration attorney and HR department.”
Shifting the H-1B Lottery Toward Higher Earners
Beyond the new filing fee, a major change to the H-1B lottery system is also in motion. The proposed rule would give applicants multiple chances at selection based on the wage level being offered by the sponsoring employer:
- Level 1 (entry-level) wage: one chance in the lottery
- Level 4 (highest) wage: four chances in the lottery
“That’s a huge change,” said Turkhid. “If it passes, it’s going to be effective for the October 2026 lottery. It’s clearly promoting higher-skilled, higher-paid roles.”
Calabrese agreed that the combination of the new fee and the weighted lottery will likely reshape employer behavior:
“You’re going to want someone who’s at a pretty high level to be worth paying that kind of fee to bring on.”
The result, both experts said, could be fewer opportunities for entry-level and mid-tier professionals, particularly those from India and China—countries that already face long green card backlogs.
Legal Challenges Likely, But Uncertainty Looms
Given the stakes, litigation seems inevitable. “I’ll be surprised if there’s not litigation challenging many of these things,” said Turkhid. Yet, with implementation not expected until early 2026, lawsuits may not begin for months.
Even so, uncertainty can be just as destabilizing as the policy itself. “Immigration was never meant to be easy,” he added. “You do need to be careful.”
Why More H-1B Professionals Are Turning to EB-5
As Calabrese noted, the H-1B turmoil is driving a surge of interest in the EB-5 Immigrant Investor Program—a pathway that allows investors to obtain U.S. permanent residence through a qualifying investment that creates American jobs.
Turkhid agreed that EB-5 is “clearly the most viable path” for many H-1B holders from India, China, and Vietnam, particularly since the 2022 Reform and Integrity Act (RIA) introduced concurrent filing—allowing investors to apply for adjustment of status and an Employment Authorization Document (EAD) while their EB-5 petition is pending.
“The ability to file the EB-5 petition with a concurrent adjustment of status cannot be stressed sufficiently,” said Turkhid. “It gives you the ability to work, to travel, and to stay in the U.S. legally while your case moves forward.”
This flexibility has become a lifeline for H-1B professionals facing uncertainty over travel, job changes, or layoffs. But, as both experts cautioned, it’s critical to do it right.
“Documentation, Documentation, Documentation”
While concurrent filing opens the door to stability, investors must proceed carefully—especially when using loans or gifts to fund their EB-5 investment.
“In real estate, we say location, location, location,” Turkhid explained. “In immigration, we say documentation, documentation, documentation.”
Immigration officers scrutinize the source of funds and have the authority to revisit those details even years later when investors apply to remove conditions on their green cards. “Even after the approval, they can challenge the source of funds,” he warned.
Calabrese echoed this sentiment: “If your I-526E petition is not properly put in place, a denial can be a game ender. It can unravel your entire immigration plan.”
Caution and Due Diligence Come First
Both experts urged H-1B professionals not to rush into an EB-5 investment purely out of fear.
“Please don’t rush into it,” Turkhid said. “Take a step back and look carefully. The regional center may offer you an option, but it’s your decision—and the consequences are yours.”
Calabrese added: “We want to make sure all of our clients are reaching their goals. But ultimately, a lot of the outcomes are borne by you. So work with a good regional center, and make sure you’re asking the right questions.”
The key, both agreed, is to view the process not as a transaction but as a relationship—one that lasts five to seven years. Investors should work only with experienced regional centers and reputable attorneys who are transparent, responsive, and familiar with the complexities of EB-5 and concurrent filing.
“If there’s a regional center or attorney who’s not willing to answer your questions,” Turkhid advised, “maybe that’s not the right relationship for you.”
The Takeaway: Be Proactive, But Be Careful
The recent H-1B proclamation is the latest reminder that immigration policy can change overnight. For many H-1B holders, particularly those from India and China facing long waits in employment-based green card categories, the EB-5 program offers a direct and potentially faster path to permanent residence—one that doesn’t depend on employer sponsorship.
Still, the same message applies to both H-1B and EB-5 journeys: Caution is key.
“It’s your green card. It’s your investment. It’s your benefit. It’s your risk,” Turkhid concluded. “The attorney and the regional center are vehicles to help you get to your destination.”
Calabrese agreed: “We understand the urgency. But you always want to make sure that you’re not being urgent at the expense of caution and good decision-making.”
Final Thoughts
As the policy landscape continues to evolve, CanAm and its partners remain committed to providing timely, accurate, and actionable guidance for investors and professionals navigating this shifting environment.
For those exploring EB-5 as a path forward, now is the time to consult experienced advisors, evaluate credible regional centers, and make informed decisions—before further visa backlogs or policy shifts close this window of opportunity.
Key Quotes:
- “The proclamation from September 19th came out of the blue. It was a lightning bolt.” — Rohit Turkhid
- “Do not take advice from friends. Check with your attorney and HR.” — Pete Calabrese
- “The ability to file the EB-5 petition with a concurrent adjustment of status cannot be stressed sufficiently.” — Rohit Turkhid
- “It’s your green card. It’s your investment. It’s your benefit. It’s your risk.” — Rohit Turkhid
- “Don’t be urgent at the expense of caution and good decision-making.” — Pete Calabrese
