Indian pros take to EB-1A visa route as H-1B gets tougher

Indians seeking work in the US are increasingly applying for visas such as EB-1A-meant for individuals with extraordinary ability-as the Trump administration's immigration crackdown impacts employment-based H-1B applications, according to experts.

Also observed is rising interest in EB2-NIW (national interest waiver), a green card issued to skilled individuals working in the areas of national interest to the US, they said. According to data from US-based immigration services provider Boundless Immigration, the United States Citizenship and Immigration Services (USCIS) received 7,338 EB-1A petitions in the first quarter of FY25, a 56% increase over the previous quarter.

With Indians accounting for a large chunk of US visa applications every year, a significant portion of the EB-1A applications are expected to be from them. Joel Yanovich, attorney at Murthy Law Firm, said they have seen an increase in interest for both the EB-1A and EB2 NIW categories from Indian nationals.


"This is partly in hope of speeding up the green card process, especially for EB-1A applicants. But there is also a desire to not have one's green card case tied to a particular employer. With all the layoffs, especially in the tech sector, these categories provide some added security," he said. According to 2023 data from Cato Institute, a US think tank, the green card queue had 53,879 Indians in the EB-1A category, followed by the Chinese.

Shift from employment-based visas

Since Donald Trump was sworn in earlier this year for the second term as US president, the scrutiny around employment-based work visas, such as H-1B, has been high. The administration recently introduced a $100,000 fee for fresh H-1B visas, effective September 2025. Amid the uncertainty, more employees are looking for alternatives. Xiao Wang, CEO of Boundless Immigration, explained that the H-1B's volatility is driving both individuals and employers to explore pathways that don't depend on lottery systems or sudden policy changes.

"EB-1A petitions have surged as high-achieving professionals seek control over their immigration status. The trend is toward immigration strategies that prioritise stability and long-term planning over short-term fixes," he said.

EB-1A is reserved for those demonstrating extraordinary abilities in areas such as science, arts, business or education. Unlike employment-based green card categories EB-2 and EB-3, an EB-1A applicant does not require sponsorship from the employer but must satisfy three of 10 criteria.