A recent report highlighted the backlash from companies heavily dependent on H-1B workers following policy changes aimed at tightening green card approvals under the previous administration. While the H-1B program remains critical for many tech and corporate employers, the increased scrutiny on employment-based green card petitions has caused concern, particularly among Indian and Chinese professionals who form a significant portion of H-1B holders.

Attorney Insight
From our experience at The Peng Law Group, we have seen that reliance on H-1B as a sole pathway to permanent residency has become riskier due to more frequent Requests for Evidence (RFEs) and longer adjudication times on I-140 petitions. For our corporate executive clients, especially those from China considering L-1 intracompany transfer visas and EB-1C multinational manager green cards, this shift underscores the importance of proactive immigration planning.

Specifically, EB-1C petitions, governed under INA §203(b)(1)(C) and detailed in 8 CFR 204.5(j), offer a relatively faster route to green card for multinational executives with qualifying managerial roles. Unlike H-1B-based PERM labor certification, EB-1C does not require labor certification, reducing the risk of delays. Our 2025 Q1 data shows a 15% increase in EB-1C approvals compared to the previous year, reflecting USCIS’s recognition of documented multinational managerial experience when properly supported.

Additionally, the L-1 visa remains a valuable tool for companies establishing or expanding U.S. operations. We recently assisted a Chinese fintech company’s CEO in an L-1A extension despite a recent RFE on managerial capacity. By providing detailed organizational charts and job descriptions aligned with 8 CFR 214.2(l)(1)(ii), we secured approval within 90 days. This case highlights the importance of meticulous documentation to withstand USCIS scrutiny post-policy changes.

For investors and high-net-worth individuals, the evolving policy environment reinforces the need to diversify immigration strategies beyond H-1B-dependent pathways. EB-5 investments, particularly in Regional Centers with current priority dates, remain an option but require careful due diligence on project viability and source-of-funds documentation per 8 CFR 204.6.

Attorney Insight
Actionable steps we recommend now include: (1) For executives, initiate or update L-1 and EB-1C filings with comprehensive evidence of managerial roles and company structure; (2) For companies, review workforce visa dependency and explore upgrading key employees to L-1 or EB-1C status to reduce green card bottlenecks; (3) For investors, reassess EB-5 projects with attention to current priority dates and compliance with USCIS’s source-of-funds scrutiny.

In sum, while policy shifts have increased challenges for H-1B-dependent green card applicants, alternative visa categories like L-1 and EB-1C, combined with strategic planning, offer viable pathways to permanent residency. We encourage clients to leverage these options proactively to maintain business continuity and immigration stability.