As the path to securing an H-1B visa grows increasingly uncertain, a growing number of highly skilled Indian professionals are charting a different course to the United States. Immigration attorneys say they are increasingly turning to the EB-1A category, an employment-based visa for individuals of extraordinary ability as an alternative route to long-term residency and career stability.
The EB-1A visa is designed for professionals who can demonstrate remarkable achievements in areas such as science, technology, education, business, or the arts. What sets it apart from other employment-based green card categories like EB-2 and EB-3 is its flexibility, candidates are not required to have a job offer or employer sponsorship.
Instead, they must provide evidence that they meet at least three of the ten eligibility benchmarks defined by U.S. Citizenship and Immigration Services (USCIS), which include recognition through awards, published work, industry contributions, or leadership roles.
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Another key advantage is that EB-1A applicants, including researchers and multinational executives, are exempt from the labor certification process, a mandatory and often time-consuming requirement for H-1B holders and most other employment-linked green cards. The processing timeline is typically faster, and unlike other visa categories where wait times can stretch for years due to country-based quotas, EB-1A petitions often move ahead with significantly fewer delays.
“According to recent USCIS data, there were approximately 7,300 EB-1A filings in Q1 2025, a surge of over 50% from the previous quarter. Overall, EB-1A applications in 2025 are tracking nearly 50% higher than last year. This spike is largely driven by Indian professionals seeking a ‘safe haven’ from the H-1B route in light of the Trump administration’s recent announcements,” Frederick Ng, co-founder of immigration platform Beyond Border shared with Business Standard.
The recent proposal to raise H-1B filing fees to as high as $100,000 has added another layer of complexity for U.S. employers considering foreign hires, making the program increasingly cost-intensive and less accessible. As companies weigh these financial hurdles, many Indian professionals are exploring immigration options that offer greater autonomy, particularly those that bypass employer dependence, both for entering the U.S. and securing permanent residency.
“For Indian H-1B holders, the shift toward EB-1A is even more pronounced. Indians make up over 70% of approved H-1B beneficiaries, meaning any policy tightening or tech downturn impacts them most sharply,” further stated by Ng.
According to Sukanya Raman, immigration attorney and country head at Davies & Associates, this shift is being fueled by long-standing backlogs in the EB-2 and EB-3 categories for Indian applicants. She notes that the EB-1A pathway is gaining traction because it gives qualified individuals the ability to self-petition, offering more control and often significantly shorter wait times. She told Business Standard, “extraordinary ability is really about measurable impact, not global fame.”
Increasingly, Indian engineers, researchers, and product leaders are turning to the EB-1A route, leveraging their professional achievements to strengthen their applications. Many are highlighting patents, high-profile publications, industry recognitions, and leadership positions to meet the criteria for “extraordinary ability,” positioning themselves for a faster and more independent path to U.S. residency.
“Indian professionals are realizing they already meet the standard… you can quote me here again,” told Raman. “Their work is driving innovation globally, and the EB-1A category acknowledges that.”