Dear Clients and Colleagues,
We hope this newsletter finds you well. In this edition, we bring you important updates on various immigration matters. Please take a moment to review the following key highlights:
EB-5 in 2026: Direct and Regional Center Investment and the Case for Indian Nationals
For an Indian national with the capital, an EB-5 investment in a reserved (set-aside) project is today the only employment-based green card category with no visa queue. The November 2026 Visa Bulletin lists all three EB-5 set-asides as current for India, while the unreserved category sits at December 1, 2023.
That gap is the whole story. An Indian professional in EB-2 or EB-3 is waiting behind cutoff dates more than a decade old. An Indian EB-5 investor in a rural or high-unemployment project can file the petition and the green card application on the same day.
This article explains where the program stands in November 2026, how the regional center and direct routes differ, and why EB-5 fits Indian families better than the alternatives. It also sets out the risks, because the category is not right for everyone.
Where the program stands in November 2026:
EB-5 is open and accepting petitions, but three dates now shape every filing decision. The EB-5 Reform and Integrity Act of 2022 (RIA) still governs the program. It set the minimum investment at $800,000 for a Targeted Employment Area (TEA) or infrastructure project and $1,050,000 otherwise.
The practical reading is simple. An investor who completes the investment and files before January 1, 2027 keeps the $800,000 threshold. An investor who files by November 29 also avoids roughly doubling the petition fee.
The open question is reauthorization. A regional center petition filed today is accepted and processed, but it no longer carries the statutory lapse protection. Congress has not yet extended the program beyond September 2027. Direct EB-5 is permanent law and has no sunset.
Regional center EB-5: the mainstream route:
The regional center route remains the choice of most investors because it is passive and counts indirect jobs. The investor places capital in a pooled fund sponsored by a USCIS-designated regional center and files Form I-526E. The project, not the investor, carries the burden of job creation, and economic modeling can count indirect and induced jobs toward the ten required.
Set-aside visas. The RIA reserves 32% of annual EB-5 visas: 20% for rural projects, 10% for high-unemployment areas, and 2% for infrastructure. All three are current for India in the November 2026 Visa Bulletin. Almost every set-aside offering on the market is a regional center project.
Processing. Rural petitions receive priority processing by statute. Published trackers put rural I-526E adjudication at roughly one to one and a half years, with some approvals under twelve months. High-unemployment petitions are running materially longer, often two to three years.
Investor protections. The RIA added fund administration or audit requirements, annual regional center statements, and site visits. It also protects good-faith investors if a regional center or project is terminated or debarred.
The 2027 question. A petition filed after September 30, 2026 depends on Congress renewing the program before September 30, 2027. The program lapsed once before, from June 2021 to March 2022, and was then reauthorized with protections for pending cases. Many current offerings now hold funds in escrow or promise a refund if USCIS cannot adjudicate the petition. An investor should insist on seeing that term in writing.
Direct EB-5: permanent law, more control, more work:
Direct EB-5 is the only part of the program with no expiry date, and that matters more now than at any point since 2022. The investor puts capital into their own new commercial enterprise, files Form I-526, and takes a management or policy-making role.
The job requirement is stricter. The business must create ten full-time positions for qualifying U.S. workers on its own payroll. Indirect jobs do not count.
The minimum is $800,000 if the business sits in a rural or high-unemployment TEA and $1,050,000 elsewhere until January 1, 2027. Location also decides the visa queue. A direct business in a rural or high-unemployment area draws on the reserved visas that are current for India. A direct business outside a TEA falls in the unreserved category, where India’s cutoff is December 1, 2023.
Direct EB-5 suits a specific kind of Indian investor:
- An entrepreneur who wants to own and run a U.S. business, such as a franchise, hotel, manufacturing unit, or medical practice.
- A founder who cannot use the E-2 visa, because India has no qualifying treaty with the United States.
- An L-1A or H-1B holder who already operates a U.S. company and can expand it to meet the job count.
- An investor unwilling to carry the regional center reauthorization risk.
The trade-off is execution risk. The investor must build a business plan that credibly reaches ten payroll jobs and must actually hire them before the I-829 stage
Visa availability for India: the numbers:
Reserved EB-5 is the only employment-based category that is current for India in November 2026. Every other category carries a cutoff date.
The unreserved line deserves a warning. India exhausted its fiscal year 2026 unreserved EB-5 visas in June 2026, and the category was unavailable from July through September. It reopened on October 1 with the December 2023 cutoff. Analysts expect the same squeeze late in fiscal year 2027.
Why EB-5 is the strongest route for Indian nationals:
EB-5 wins for Indians on one measure above all others: it is the only route where birth in India does not add a decade or more to the wait. The other advantages follow from that.
- No visa queue. A new EB-2 or EB-3 India filer today stands behind applicants whose priority dates are twelve years old. A rural or high-unemployment EB-5 investor has a visa number available on the day of filing.
- No employer, no PERM, no job offer. The investor petitions for themselves. There is no labor market test, no prevailing wage, no degree requirement, and no dependence on an employer staying in business or keeping the position open.
- Concurrent filing for those already in the United States. Because set-aside visas are current, an Indian national in lawful status can file Form I-485 together with the I-526E. That opens the way to an employment authorization document and advance parole while the petition is pending. For an H-1B worker, this ends dependence on one employer.
- A hedge against a harder H-1B and F-1 climate. The H-1B program now has a wage-weighted lottery. DHS has proposed ending the 60-day grace period, ending deference to prior approvals, and charging $70,000 for an initial OPT period. EB-5 takes a family out of that system entirely.
- Protection for children. Under the EB-2 and EB-3 backlog, many Indian children turn 21 and lose derivative eligibility before the parent’s date becomes current. EB-5 lets the family immigrate together while the children are still minors. Where a child is already an adult student, parents can gift the capital and the child becomes the investor.
- An investment, not a fee. EB-5 capital is at risk but is designed to be repaid after the sustainment period. The Gold Card payment is a gift to the government, and it places an Indian applicant in the same EB-1 or EB-2 line.
- No E-2 alternative. Nationals of many countries can use the E-2 treaty investor visa as a low-cost first step. India has no qualifying treaty, so EB-5 is the direct investor route available to Indian citizens.
- Freedom after approval. A regional center investor has no obligation to live near the project or work in any field. The green card covers the spouse and unmarried children under 21.
Risks every Indian investor should weigh:
EB-5 is the fastest route for Indians, but it is not risk-free, and an honest assessment covers seven points.
- Capital is at risk. The law forbids guaranteed returns. Due diligence on the project, its capital stack, its job cushion, and the regional center’s record is essential.
- Set-asides may not stay current. Pipeline demand from India and China already exceeds the per-country share of rural and high-unemployment visas. Analysts expect a cutoff date, most likely in rural first. Filing early secures an early priority date.
- Reauthorization is not guaranteed. Regional center petitions filed after September 30, 2026 rely on Congress acting before September 30, 2027.
- Adjustment of status is discretionary. USCIS Policy Memorandum PM-602-0199 of May 21, 2026 treats the I-485 as discretionary relief. Investors in the United States should maintain their underlying status where possible and take advice before travelling on advance parole.
- Source and path of funds. Every rupee must be traced to a lawful source. India’s Liberalised Remittance Scheme caps outward remittances at $250,000 per person per financial year, so most families plan transfers across relatives or years, or use gifts and secured loans.
- Conditional residence. The first green card is valid for two years. The investor must then file Form I-829 and show that the investment was sustained and the jobs created.
- Cost and tax. Administrative fees, legal fees, and the new filing fees sit on top of the investment. U.S. residents are taxed on worldwide income, which calls for planning before arrival.
Conclusion: the window is open, and it is narrowing:
For an Indian national who can document $800,000 of lawful capital, a set-aside EB-5 investment is the most direct path to a U.S. green card available today. Regional center projects offer the simpler, passive route. Direct investment offers permanence and control for those ready to run a business.
Timing now carries a price. Filing before November 30, 2026 avoids the higher fees. Filing before January 1, 2027 keeps the $800,000 minimum. Filing while the set-asides are current secures a place ahead of any future cutoff.
The right first steps are a source-of-funds review, a remittance plan, and independent due diligence on the project. Each case turns on its own facts, and this article is general information, not legal advice.
H-1B ALERT 2027: Higher Prevailing Wages, Wage-Weighted Lottery and $70,000 OPT Proposal Could Create a Perfect Storm for Foreign Graduates
Foreign students and H-1B applicants should prepare for one of the most challenging employment and immigration environments in recent years:
Artificial intelligence is transforming the American job market, particularly in technology, software development and entry-level professional positions. Even U.S. college graduates are facing intense competition for employment. For international graduates who require OPT authorization and eventual H-1B sponsorship, the situation could become significantly more difficult.
1. New H-1B Prevailing Wage Increases Are Coming:
On November 6, 2026, the Department of Labor submitted its final prevailing wage regulation to the Office of Management and Budget for review.
If finalized substantially as proposed, the regulation would dramatically increase prevailing wage requirements for H-1B, H-1B1, E-3 and PERM sponsorship.
These changes could force employers to offer substantially higher salaries to foreign professionals, depending on their occupation and work location.
The biggest challenge will be for recent international graduates seeking entry-level positions. Employers already struggling with hiring costs may become more reluctant to sponsor H-1B workers.
The final wage requirements and implementation date have not yet been published.
2. The H-1B Lottery Now Favors Higher-Paid Workers:
The traditional equal-chance H-1B lottery has been replaced by a wage-weighted selection system.
Under the new system:
- Level IV: Four selection entries
- Level III: Three selection entries
- Level II: Two selection entries
- Level I: One selection entry
Higher wage levels receive greater selection weight, although selection is not guaranteed at any level.
This creates a serious disadvantage for many new graduates who typically qualify for Level I or Level II wages.
Importantly, employers cannot simply inflate salaries or manipulate job classifications to improve lottery chances. The offered wage, occupation, work location and actual job requirements must be accurately documented.
3. Proposed $70,000 OPT Fee Could Create Another Major Barrier:
Adding to the uncertainty, the Department of Homeland Security has proposed an extraordinary new OPT fee structure:
- $70,000 for an initial OPT recommendation.
- $30,000 for a subsequent OPT recommendation, potentially including STEM OPT extensions.
Under the proposal, these fees would be payable by SEVP-certified educational institutions rather than imposed directly on students.
These fees are proposals, not currently effective requirements. Nevertheless, if implemented, they could substantially affect universities’ willingness and ability to recommend international students for OPT.
4. AI, Fewer Entry-Level Opportunities and Higher Sponsorship Costs:
The convergence of artificial intelligence, a competitive graduate employment market, higher prevailing wages and immigration restrictions could create an unprecedented challenge.
Employers may increasingly prefer experienced professionals who can justify higher salaries, while reducing entry-level hiring or automating certain functions.
Foreign graduates could face three simultaneous obstacles: finding an employer, obtaining OPT authorization and securing H-1B selection.
5. What Should International Students and Employers Do Now?
International students graduating in 2027 should begin employment and immigration planning immediately.
Identify employers willing to sponsor H-1B petitions, develop specialized skills that complement AI, evaluate legitimate cap-exempt H-1B opportunities and consider alternative immigration options where eligible.
Employers should review proposed salary levels, sponsorship budgets and workforce requirements before the next H-1B registration season.
Our Warning: Prepare Now, Not After Graduation:
The American employment and immigration landscape is changing rapidly. A U.S. degree alone may no longer provide a reliable pathway to OPT, H-1B employment or permanent residence.
Although some proposed restrictions may change or face litigation, international students and employers cannot afford to ignore these developments.
Start preparing now. The next H-1B cap season could be particularly difficult for entry-level foreign professionals.
DOL Announces October 2026 PERM Processing Times: Labor Certification Decisions Taking Approximately 10–12 Months
Department of Labor Changes PERM Processing Time Reporting Format and Releases Updated Prevailing Wage Determination Timelines:
The U.S. Department of Labor (DOL) has released its latest processing time report for Permanent Labor Certification (PERM) applications and Prevailing Wage Determinations (PWDs), reflecting case processing activity as of October 31, 2026.
The latest update brings an important change in how the DOL reports PERM processing times, providing employers, foreign workers, and immigration attorneys with additional information about recent adjudication trends.
PERM Applications Taking Approximately 300–360 Days:
According to the October 31, 2026 update, DOL has revised its PERM processing time reporting system.
Rather than identifying only the filing month currently under review, the agency now reports average processing times for PERM applications completed during three reporting periods:
- Last 30 days: Average processing time for applications adjudicated during the preceding 30 days.
- Last 90 days: Average processing time for applications adjudicated during the preceding 90 days.
- Last 180 days: Average processing time for applications adjudicated during the preceding 180 days.
The reported average processing times range from approximately 300 to 360 days, or roughly 10 to 12 months.
These figures relate to PERM Analyst Review and should not be interpreted as guaranteed processing times for individual applications. Cases selected for audit or requiring additional review may take considerably longer.
October 2026 Prevailing Wage Determination Processing Times:
DOL also published updated information regarding prevailing wage requests.
These processing dates represent the filing periods DOL reported reviewing as of October 31, 2026. Actual adjudication times may vary.
What Does This Mean for Employers and Foreign Workers?
The updated processing times highlight the importance of starting employment-based green card sponsorship early.
The PERM labor certification process generally involves several stages, including:
- Prevailing Wage Determination: Obtaining the required wage determination from DOL.
- Recruitment: Conducting the mandatory recruitment process and evaluating qualified U.S. applicants.
- PERM Filing: Submitting Form ETA-9089 after completing the required recruitment and compliance steps.
- PERM Certification: Waiting for DOL to adjudicate the labor certification application.
- I-140 Immigrant Petition: Filing the employer-sponsored immigrant petition with USCIS following PERM approval.
- Green Card Processing: Pursuing adjustment of status or consular processing when an immigrant visa is available.
Because prevailing wage processing, recruitment, PERM adjudication, and subsequent immigrant visa availability can significantly affect the overall timeline, employers should plan well in advance.
Important Considerations for H-1B Workers Approaching the Six-Year Limit:
Foreign professionals working in H-1B status should pay particular attention to PERM processing delays.
Under the American Competitiveness in the Twenty-First Century Act (AC21), certain H-1B employees may qualify for extensions beyond the normal six-year limit.
Depending on the circumstances:
- One-year H-1B extensions may be available when a qualifying PERM labor certification or I-140 petition was filed at least 365 days before the relevant extension period.
- Three-year H-1B extensions may be available to qualifying beneficiaries of approved I-140 petitions who cannot obtain permanent residence because an immigrant visa number is unavailable.
Employers should evaluate these options before an employee reaches the six-year H-1B limitation.
Starting the PERM process too late could create serious complications for employees who need continued H-1B work authorization.
Our Recommendation: Start the Green Card Process Early:
At the Law Offices of Keshab Raj Seadie, P.C., we encourage employers and foreign professionals to begin planning employment-based permanent residence sponsorship as early as possible.
Delays in prevailing wage determinations and PERM adjudications can affect immigration status planning, H-1B extensions, employee retention, and long-term workforce strategies.
Employers should also ensure that recruitment procedures, prevailing wage compliance, job requirements, and supporting documentation satisfy applicable DOL regulations.
Speak With an Experienced PERM Immigration Attorney:
Over 25 Years of U.S. Immigration Law Experience | Nationwide Representation
The Law Offices of Keshab Raj Seadie, P.C., assists U.S. employers and foreign professionals with:
- PERM labor certification and prevailing wage applications
- EB-2 and EB-3 employment-based green cards
- I-140 immigrant petitions and premium processing
- H-1B extensions beyond six years under AC21
- PERM audits, supervised recruitment, and reconsideration requests
- Employment-based adjustment of status and consular processing
Do not wait until your H-1B status is about to expire to begin planning your employment-based green card process.
BREAKING IMMIGRATION NEWS: DOL Final Rule to Increase H-1B and PERM Prevailing Wages Moves to White House Review
Major Wage Increases Could Affect H-1B, H-1B1, E-3, and Employment-Based Green Card Sponsorship:
The U.S. Department of Labor (DOL) has reportedly submitted its final regulation proposing significant changes to prevailing wage requirements for foreign workers to the White House Office of Management and Budget (OMB) for final regulatory review.
This development signals that a potentially significant change to the U.S. employment-based immigration system may be approaching.
The regulation is expected to increase minimum prevailing wage requirements under DOL’s four-level wage system, potentially affecting thousands of U.S. employers sponsoring foreign professionals for H-1B, H-1B1, E-3, and PERM employment-based green card programs.
Importantly, the new wage requirements are not yet effective. The final regulation must complete the applicable review and publication process before its requirements can take effect.
What Is Changing?
Under the current prevailing wage system, DOL generally uses four wage levels based on the occupation, geographic area, and applicable wage methodology.
- Level I: Entry-level positions.
- Level II: Qualified positions requiring greater experience or responsibility.
- Level III: Experienced positions involving advanced responsibilities.
- Level IV: Fully competent positions involving significant experience or responsibility.
The new regulation is expected to raise the minimum wage thresholds associated with these levels.
However, the precise wage increases and any transitional provisions will not be known until the final regulation is publicly released.
Which Immigration Programs Could Be Affected?
- H-1B Specialty Occupation Workers
- Employers sponsoring H-1B professionals may face higher wage obligations for new petitions and certain extensions or amendments requiring new Labor Condition Applications (LCAs).
- PERM Employment-Based Green Cards
- Employers sponsoring foreign workers under the EB-2 and EB-3 categories may face higher prevailing wage requirements when requesting new Prevailing Wage Determinations.
This could affect recruitment planning, salary budgeting, and the overall cost of sponsoring foreign workers for permanent residence.
- H-1B1 and E-3 Visa Programs
- Employers sponsoring eligible professionals from Chile, Singapore, and Australia may also be affected because these visa programs are subject to applicable LCA wage requirements.
When Will the New Prevailing Wage Rule Take Effect?
According to the reported regulatory developments, DOL issued its proposed prevailing wage regulation in March 2026 and provided a 60-day public comment period.
The agency has now reportedly submitted a final version for OMB review.
The next anticipated steps include completion of OMB review, public release of the final regulation, and publication in the Federal Register.
An implementation date will be specified in the final rule. A period of approximately 30 to 60 days after publication has been anticipated, although the actual effective date and any transition rules remain unconfirmed.
What Should Employers Do Now?
Employers considering H-1B sponsorship or employment-based green card filings should begin evaluating their workforce and immigration strategies.
- Review pending prevailing wage requests. Determine which PERM and H-1B-related matters could be affected by new wage requirements.
- Evaluate upcoming H-1B filings. Review salary levels, job classifications, work locations, and anticipated extensions or amendments.
- Begin PERM planning early. Employers contemplating EB-2 or EB-3 sponsorship should evaluate the timing of prevailing wage requests and recruitment.
- Review existing wage obligations. Employers must continue to satisfy current LCA wage requirements. The final regulation will determine whether, and to what extent, new wage provisions affect existing or pending cases.
- Monitor the Federal Register. The precise implementation schedule, wage methodology, and transition provisions will become clearer when the final rule is published.
Will Existing H-1B Workers Be Required to Receive Immediate Salary Increases?
Not necessarily.
The impact on existing H-1B employees will depend on the final regulation’s effective date, applicability provisions, and any grandfathering or transition rules.
Employers should not assume that publication of the regulation will automatically require immediate salary increases for every currently approved H-1B employee.
Likewise, employers should not assume that pending PERM applications or prevailing wage determinations will be protected without examining the final regulatory language.
Our Immigration Law Firm’s Recommendation:
The Law Offices of Keshab Raj Seadie, P.C., recommends that U.S. employers, technology companies, consulting firms, healthcare organizations, financial institutions, and other businesses sponsoring foreign workers begin reviewing their immigration sponsorship plans.
Potentially higher prevailing wages could significantly increase the financial commitments associated with hiring and retaining foreign professionals.
Early planning may help employers identify appropriate filing strategies while maintaining full compliance with applicable immigration and labor regulations.
Speak With an Experienced H-1B and PERM Immigration Attorney:
25+ Years of U.S. Immigration Law Experience | 75,000+ H-1B Petitions Handled | Nationwide Representation
Our firm assists employers and foreign professionals with H-1B petitions, prevailing wage compliance, PERM labor certifications, EB-2 and EB-3 green cards, I-140 petitions, and immigration workforce planning.
Your Own Words at the Border Can Now Make You Inadmissible, AILA Warns
AILA’s CBP Liaison Committee issued a practice alert today on a September 2026 Board of Immigration Appeals decision, Matter of Mendez Maldonado, which changes how uncharged criminal conduct can affect admissibility at ports of entry.
In the decision, issued September 22, 2026, the Board found that the respondent’s admission to possessing and using cocaine made him inadmissible. No conviction was required. The Board also overruled two long-standing precedents, Matter of J- and Matter of K-, to the extent they required an officer to explain the offense and its elements before an admission could be used. The same reasoning extends beyond drug offenses to admissions involving crimes of moral turpitude.
For travelers, this means a casual answer to a CBP officer about past conduct, even conduct that never led to an arrest or charge, may now be enough to support an inadmissibility finding. Visa holders and green card holders returning from abroad are both exposed, particularly in secondary inspection.
The Committee recommends advance screening and preparation before any CBP encounter. Anyone with past drug use or other conduct that could raise questions should speak with an immigration attorney before traveling internationally.
Sincerely,
Keshab Raj Seadie, Esq.
Law Offices of Keshab Raj Seadie, P.C.
Disclaimer: This newsletter is intended for informational purposes only and does not constitute legal advice. Always consult an attorney for personalized advice.