The American Legal Center, a team of US licensed lawyers and EB-5 specialists with over a decade of expertise, regularly host free seminars in Dubai and across the region to educate families about the benefits of the EB-5 program
With President Trump’s second term officially underway, foreign professionals, particularly those from the Middle East, are uncertain about the stability of the H-1B work visa.
During his first term, significant changes were made to the H-1B process, affecting visa approval rates and job stability for foreign workers. This uncertainty is prompting many professionals to seek alternative pathways to US residency, notably the EB-5 program, the US Golden Visa equivalent.
Dubai-based US lawyers will provide more details about upcoming changes at their seminar on Sunday, January 26th, at the Address Sky View hotel.
Understanding the H-1B Visa
The H-1B visa, a temporary work permit, allows foreign nationals to engage in specialised occupations in the US, typically requiring advanced education or specialised expertise. The initial duration of an H-1B visa classification is three years, which may be extended to a maximum of six years.
H-1B visa denials surged under the first Trump administration, with rates reaching 24 per cent in 2018 and 21 per cent in 2019 — nearly four times pre-Trump levels, according to the National Foundation for American Policy (NFAP). These increases stemmed from restrictive policies later overturned by federal courts. While 2020 reforms reduced denial rates, confidence in the program had already been damaged.
With 85,000 H-1B visas available annually and over 780,000 applications in fiscal year 2024, competition is fierce. Concerns persist that proposals, including wage-based allocations and stricter eligibility, could further limit foreign talent’s access to the US.
H-1B restrictions under Trump’s second term
While many supporters of and appointees in President Trump’s administration stand against the H-1B program, Trump himself has expressed support for it. On January 21, 2025, President Trump expressed his views in a press conference, “I like both sides of the argument. We want competent people coming into our country.” Trump’s views align with tech billionaire Elon Musk, leading the Department of Government Efficiency (DOGE) under Trump, who praises the program as a magnet for the “top ~0.1 per cent of engineering talent.”
President Trump’s response suggests that while the H-1B visa program is unlikely to be abolished, significant changes may be on the horizon. The administration appears poised to tighten eligibility requirements, making the program more selective. These potential adjustments could aim to ensure that only the most highly skilled and qualified professionals gain access, aligning with the administration’s broader vision for merit-based immigration reform.
The rise of the US EB-5 golden visa
The EB-5 program offers a lifeline to those seeking stability and independence from employer sponsorship. By investing $800,000 through a payment plan in a US government pre-approved real estate project that creates at least 10 jobs for American workers, individuals gain a direct path to permanent residency.
One of the key advantages of the EB-5 golden visa is the introduction of reserved visa categories through the 2022 EB-5 Reform and Integrity Act (RIA). These categories prioritise rural and high unemployment areas, offering faster processing times for qualified investors.
Additionally, the program now allows concurrent filing, enabling individuals on other visa types — like F-1 student visas or H-1B work visas — to adjust their immigration status while their EB-5 applications are under review. This feature ensures that applicants can continue living, working, and traveling in the US during the transition.
A key factor contributing to the current heightened demand for EB-5 is Trump’s familiarity with the program. Notably, the Trump Bay Street tower in New Jersey was partially financed through EB-5 capital, with approximately $50 million provided by foreign investors seeking US residency through the program. During his first term, American businesses and the real estate industry continued to benefit from EB-5 investments.
A growing trend among Indian professionals
Indian nationals, many of whom are currently on H-1B visas, have emerged as the largest group of EB-5 investors in recent years. Over 20 per cent of EB-5 investors in recent years have been from India, reflecting the growing demand for alternatives to the H-1B visa.
“With prolonged processing times and increasing uncertainty around the H-1B visa, many of our Indian clients have opted to transition to the EB-5 program,” says Shai Zamanian, Legal Director of The American Legal Center, a Dubai-based immigration firm offering EB-5 services. This trend highlights the growing demand for immigration solutions that prioritize stability, flexibility, and long-term benefits.
The American Legal Center, a team of US licensed lawyers and EB-5 specialists with over a decade of expertise, regularly host free seminars in Dubai and across the region to educate families about the benefits of the EB-5 program. Their upcoming seminar will be held on Sunday, January 26th, at the Address Sky View hotel in Downtown Dubai. Contact +971 52 446 6095 to reserve your seat for their seminar.