USCIS Announced H-1B Visa Cap Reached for Fiscal Year 2025

In fiscal year 2025, the U.S. Citizenship and Immigration Services (USCIS) confirmed that the regulatory cap for H-1B visas was quickly reached, demonstrating the immense demand for this type of visa. Here are the details.

The United States Citizenship and Immigration Services (USCIS) has officially announced that the statutory maximum number of H-1B visas for fiscal year 2025 has been reached.

This cap, which includes 65,000 regular visas and an additional 20,000 visas under the advanced degree exemption for U.S. graduate degree holders, was filled in record time, highlighting the overwhelming demand for this program.

The announcement, which impacts thousands of foreign professionals and companies seeking specialized talent, reflects both the attractiveness of the U.S. labor market and the limitations of a system that has not expanded its quotas in decades.

Growing Demand for H-1B Work Visas Worldwide

In fiscal year 2024, USCIS received a record 780,884 H-1B visa applications, representing a significant increase compared to previous years. This figure underscores the growing competitiveness of this program: with an acceptance rate of approximately 10.8%, the vast majority of applicants did not advance in the process.

The selection process, based on an electronic lottery, means that the best profiles or the specific needs of companies do not necessarily determine who gets a visa.

This leaves thousands of qualified professionals in critical areas such as artificial intelligence, biotechnology, and software development without the opportunity to contribute to the U.S. labor market.

Additionally, U.S. companies, particularly small and medium-sized enterprises, face serious challenges in filling key technical positions, affecting their competitiveness in a global market.

Impact of Program Saturation

The rapid depletion of H-1B visa slots not only affects applicants but also the U.S. economic and labor landscape.

Technology companies, traditionally the largest users of the program, are forced to seek alternatives, such as outsourcing talent abroad or investing in offices outside the country.

Furthermore, professionals not selected face difficult decisions. Some opt for work programs in other countries with more accessible immigration systems, while others seek alternatives to remain in the United States, such as additional studies or more restrictive temporary visas.

What is the H-1B Visa and Why is it So Competitive?

The H-1B visa allows U.S. employers to hire foreign workers in occupations requiring specialized knowledge, such as technology, engineering, finance, education, and medicine. However, its limited nature presents significant challenges:

• Restricted annual cap: Only 65,000 regular visas and an additional 20,000 visas for U.S. graduate degree holders are allocated. This number, set by Congress, has not changed in decades despite growing global demand.
• High competition: As mentioned earlier, in fiscal year 2024, 780,884 applications were received, meaning only 10.8% of applicants were selected to file their petitions. This acceptance rate reflects the program’s limitations against the overwhelming number of applicants.
• Lottery-based selection process: Due to the excess of applications, USCIS uses a lottery system, leaving thousands of qualified professionals out of the program regardless of their experience or qualifications.
• Employment restrictions: Even those who secure the visa face significant limitations. The visa is tied to a specific employer, making job changes or personal entrepreneurship challenging.

For fiscal year 2025, many applicants have already received “Not Selected” notifications, meaning they cannot file an H-1B petition.

This administrative rejection directly affects the professional and personal aspirations of thousands of individuals and their families.

The EB-5 Program: A Solid and Accessible Alternative

Faced with the limitations of the H-1B, the EB-5 Investor Program emerges as a viable and attractive option.

This federal program allows foreign investors and their families to obtain permanent residency in the United States through investments in job-creating projects in the country.

Advantages of the EB-5 Program:

• Guaranteed permanent residency: Unlike the H-1B, which is temporary, the EB-5 provides a direct pathway to a green card, allowing beneficiaries to live, work, and study freely anywhere in the United States.
• Not employer-dependent: EB-5 beneficiaries are not tied to a specific company or subject to employment restrictions. This flexibility allows for exploring job opportunities, starting businesses, or even retiring.
• Access to quality education: The children of EB-5 investors qualify to study at U.S. educational institutions as residents, enabling them to access lower tuition rates at public universities and excellent academic opportunities.
• Long-term stability: With a green card, beneficiaries can remain in the United States without worrying about extensions or time limits.
• Job creation: EB-5 projects benefit not only the investor but also the local economy by requiring the creation of at least 10 jobs for each qualified investment.

How Does the EB-5 Compare to the H-1B?

Interesting Facts About EB-5

• Minimum investment required: The minimum investment for qualifying in an EB-5 project is $800,000 in a Targeted Employment Area (TEA) or $1,050,000 in other areas.
• Economic impact: In 2022, EB-5 projects generated thousands of jobs and contributed significantly to infrastructure development nationwide.
• Global beneficiaries: Each year, investors from countries like China, India, Brazil, and Vietnam use the EB-5 program to secure their future in the United States.

In conclusion, given the high level of competition for visas like the H-1B and the opportunities provided by the EB-5, making informed decisions is crucial. Through strategic investment, it is possible not only to settle in the United States but also to secure a prosperous and stable future for the entire family.

At BAI Capital, we are experts in guiding investors on their path to success through the EB-5 Program. From carefully selected projects to support at every stage of the process, we are here to help you achieve your goals.

Investing in BAI Capital is investing in the United States

With a presence in the real estate sector in the states of Florida, Texas, and New York, BAI Capital specializes in generating value from land acquisition to the development of mixed-use projects, such as student housing and multifamily rental buildings with mixed-use spaces, including apartment buildings and retail (commerce-restaurant).

Our mission is to safeguard the capital of our partners and our own capital with minimal risk exposure. We ensure secure development by going through all the stages: land acquisition, urban zoning adjustments, commercial vision in architectural development, and management of building permits. We then take charge of the capitalization, construction, and exit strategy, with the return of capital and profits to our partners, guaranteeing better returns than those offered by the market.

In this way, we ensure fixed and stable returns for our client portfolio. Additionally, we operate under a confidential work protocol with encrypted web forms, protected personal data, and private meetings with our agents in the United States, Latin America, Europe (Italy), and Asia (Vietnam).

You already learned that USCIS has reached the H-1B Visa cap for Fiscal Year 2025. If you are looking for investment opportunities with high returns in real estate, or to invest in projects that qualify for the EB-5 Investor Visa and thus obtain a Green Card, please complete our form and an agent will contact you.