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Recent changes to US immigration policy are reshaping the options available to foreign nationals. While some pathways have become more accessible, others are facing new restrictions,  making EB-5 increasingly relevant for investors seeking a more permanent route to the United States.

Three recent developments stand out.

What changed with the 75-country visa ban?

A federal court in Manhattan has struck down the State Department policy that suspended immigrant visa issuance for nationals of 75 countries. The court found that the blanket nationality-based restriction exceeded the Secretary of State’s authority and conflicted with US immigration law, restoring individualized consideration for affected applicants.

For nationals of the affected countries, the ruling reopens the possibility of pursuing US immigrant visa pathways. Applicants who were previously blocked by the blanket restriction can now explore their options and, where eligible, have their cases considered on an individual basis.

Why has the US paused visa appointments worldwide?

Days later, another disruption followed. The State Department temporarily paused immigrant visa appointments at embassies and consulates worldwide while consular officers undergo training on updated screening requirements.

Applicants with scheduled interviews have already seen appointments postponed, adding another layer of uncertainty for families and workers navigating the consular process.

What does the proposed H-1B fee mean for skilled workers?

BeThe H-1B route is facing uncertainty of its own. The administration has proposed a $103,265 additional fee for H-1B cap-subject petitions, following the legal challenge to its earlier $100,000 fee.

For skilled professionals who have traditionally viewed the H-1B as a route to build a career in the US, the financial and policy landscape is becoming considerably harder to predict.

Why is EB-5 attracting more attention?

Against this backdrop, demand for EB-5 continues to grow.

Recent USCIS data analysed by IIUSA shows that India became the largest source of new I-526E investor filings in the first quarter of FY2026. At the same time, visa availability for certain EB-5 applicants has tightened as demand increases.

The appeal of EB-5 is increasingly clear: it provides a direct route to US permanent residence through investment without relying on continued employer sponsorship.

That distinction matters at a time when other immigration routes are being reshaped by litigation, administrative pauses and proposed new costs.

Timing is also becoming increasingly important. September 30, 2026 marks the EB-5 grandfathering deadline, while the programme’s minimum investment amounts are due for their first inflation adjustment in 2027.

For investors already considering permanent residence in the United States, the current uncertainty across the wider immigration system may make the relative stability offered by EB-5 considerably more attractive.