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Indian Professionals Shift Toward EB-1A Visa Amid Rising H-1B Challenges and Green Card Backlogs

As securing the traditional H-1B visa becomes increasingly competitive and uncertain, a growing number of Indian professionals are turning to the EB-1A visa route to establish long-term residence in the United States, according to a recent report titled “Indian pros take to EB-1A visa route as H-1B gets tougher” published by The Economic Times.

The EB-1A visa, often referred to as the green card for individuals with extraordinary abilities, has seen a surge in applications from Indian nationals—particularly those working in technology, academia, and research. Unlike the H-1B, which is capped annually and determined by a lottery system, the EB-1A visa is not subject to the same randomness. Instead, it requires applicants to demonstrate unparalleled expertise or achievement in their respective fields, such as internationally recognized awards, scholarly publications, or critical professional contributions.

This strategic pivot comes as the H-1B process grows not only more selective but also more costly and opaque. Increased scrutiny, unpredictability in visa lottery outcomes, and mounting backlogs have left many skilled professionals in limbo, prompting them to explore alternative pathways. Immigration law firms in the United States have noted a marked increase in consulting inquiries related to EB-1A eligibility, particularly from senior software engineers, startup founders, and academic researchers based in or originating from India’s tech and innovation hubs.

Legal experts point out that while the EB-1A has a high evidentiary bar, it offers the advantage of faster processing and immediate eligibility for permanent residence upon approval. aspiring applicants are increasingly investing in profile development, seeking publication opportunities, speaking engagements, and contributions to open-source projects to strengthen their petitions.

The timing is also critical. With record numbers of H-1B registrations—over 700,000 for just 85,000 slots in the most recent cycle—the odds of obtaining a work visa through the lottery system have steeply declined. Meanwhile, decade-long green card backlogs for Indian nationals under the EB-2 and EB-3 categories have provided further incentive for those who can qualify for the EB-1A to pursue early self-petitioning.

In an environment defined by intense global competition for top talent, some U.S.-based companies are also encouraging high-performing employees to explore the EB-1A route as part of long-term retention strategies, recognizing that stability in immigration status is a key factor in leadership development and innovation continuity.

Though the path to EB-1A remains demanding, the trend underscores a broader shift in how skilled immigrants navigate the U.S. legal immigration framework. For Indian professionals, it reflects both a recalibration of strategy and a deepening commitment to secure a place in a volatile yet opportunity-rich American talent market.

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