We recently advised a Chinese executive client who was considering applying for a green card via the Diversity Visa Lottery (DV Lottery). With the new proposed bill aiming to eliminate the lottery program and tighten visa eligibility criteria, this client’s initial plan now faces significant uncertainty.

The bill, currently under discussion in Congress, seeks to abolish the DV Lottery, which annually grants around 55,000 green cards to applicants from countries with low immigration rates. Instead, it proposes prioritizing employment-based immigration categories and increasing scrutiny on visa applicants’ qualifications. From our perspective, this legislative shift will directly impact high-net-worth investors and corporate executives who might have viewed the lottery as a potential fallback option.

Attorney Insight
According to 8 CFR §204.5(k), employment-based petitions such as EB-1C for multinational executives and managers require stringent proof of qualifying employment and corporate structure. Our experience shows that clients relying solely on the lottery option often delay preparing robust EB-1C or EB-5 applications, which can lead to lost time and increased risk if the lottery is abolished.
Attorney Insight
One concrete step we recommend is that clients currently eligible for EB-1C or EB-5 begin gathering detailed evidence of their corporate roles, organizational charts, and investment documentation. For example, one of our clients, a Chinese company CEO, was initially hesitant to file EB-1C due to perceived complexity. After the bill news, we expedited his I-140 filing with comprehensive evidence, resulting in a smooth approval within four months.

Additionally, for H-1B and O-1 visa holders, the proposed legislation emphasizes enhanced qualification reviews. We suggest employers ensure all labor condition applications (LCA) and supporting documents meet USCIS standards under 8 CFR §214.2(h) to avoid Requests for Evidence (RFE). Last year, 30% of our tech client cases faced RFEs due to incomplete LCA details, which we have since addressed by refining our internal checklist.

In summary, this bill signals a more employment-focused immigration landscape. We advise clients not to rely on the lottery but to proactively strengthen employment-based visa petitions. Immediate actions include verifying your corporate structure aligns with EB-1C requirements, preparing investment evidence for EB-5, and ensuring H-1B petitions are fully compliant before filing.

This shift means the US immigration system will favor those with clear employment or investment ties. For Chinese executives and investors, the path remains viable but demands earlier preparation and higher documentation standards than before.

We will continue monitoring legislative developments and update our clients with actionable guidance. For now, if you or your company have not yet started your employment-based petition, now is the time to consult with your legal counsel and initiate evidence collection to safeguard your US immigration goals.